Strauss v. Belle Realty Co.,

65 N.Y. 2d 399, 482 N.E. 2d 34, 492 N.Y.S. 2d 555 (1985)

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Nature of the Case

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Facts

On July 14, 1977, Strauss (P) sustained injuries when he fell on the darkened, defective basement stairs while attempting to get some water. The electric pump, supplying the water, as well as most of New York, was affected by a power outage. Con Edison had a contract with P for his apartment, and one with Belle Realty for the common areas. P brought an action against Belle Realty and Con Edison, alleging negligence against the landlord, in failing to maintain the stairs or warn of their dangerous condition, and negligence against the utility in the performance of its duty to provide electricity. P moved for partial summary judgment to (1) estopp Con Edison from contesting gross negligence, and (2) establish that a duty of care was owed. Con Edison moved for summary judgment to dismiss the complaint, maintaining no duty to a non-customer. The court granted motion to estopp and denied the cross-motion. Trial court found for P on the duty of care issue. The appellate court reversed. P appealed.