[*1]
Belmar v Consolidated Edison Co, Inc.
2005 NY Slip Op 51840(U) [9 Misc 3d 139(A)]
Decided on November 16, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 16, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: November 16, 2005 September 2005 Term McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.


Rene Belmar, NY County Clerk's No. 570324/05 Plaintiff-Appellant, Calendar No. 05-224

against

Consolidated Edison Co, Inc., Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Arthur F. Engoron, J.), entered on or about May 7, 2004, in favor of defendant dismissing the action.


PER CURIAM:

Judgment (Arthur F. Engoron, J.) entered on or about May 7, 2004, affirmed, without costs.

The post-trial dismissal of this small claims action achieved substantial justice consistent with the rules and principles of substantive law (CCA 1804, 1807), plaintiff having failed to demonstrate that the termination of his electrical service resulted from defendant Con Edison's "gross negligence or willful misconduct" as required by its filed tariff (see Lockwood v Niagara Mohawk Power Corp., 112 AD2d 495 [1985]; MMCM Corp. v Con Edison, 186 Misc 2d 437 [2000]).

This constitutes the decision and order of the court. [*2]
Decision Date: November 16, 2005