Strauss v. Belle Realty Co., 65 N.Y. 399 (1985) p133.
Subject:
duty
Facts:
Procedure:
In an action against Belle Realty and Con Edison, P alleged negligence against the landlord in failing to maintain the stairs, and negligence against the utility in the performance of its duty to provide electricity. P moved for partial summary judgment against Con Edison to estop it from contesting the charge of gross negligence in connection with the blackout and to establish Con Edison owed a duty of care to P. Con Edison cross-moved for summary judgement dismissing the complaint, maintianing it had no duty to a non-customer. Court granted the motion insofar as it sought collateral estoppel regarding gross negligence and denied Con Edison's cross motion to dismiss the complaint.
Issue:
Did Con Edison owe a duty of care to a tenant who suffered personal injuries in a common area of an apartment building, where his landlord had a contractual relationship with the utility?
Rule:
Liability for injuries in a building's common areas should, as a matter of public policy, be limited by the contractual relationship.
Holding:
Con Edison is not answerable to the tenant of an apartment building injured in a common area as a result of Con Edison's negligent failure to provide electric service as required by its agreement with the building owner.
Rationale:
Cannot require D to have duty to everyone. Would result in way too many law suits. Must limit recovery to customers.
Policy/Notes:
dissent: majority reached its conclusion by considering only one side of the equation. In essence they are saying the more persons injured through a tort-feasor's gross negligence, the less responsibility for injuries incurred.
privity: mutuality of interest. relationship between two contracting parties, each having a legally recognized interest in the subject matter of the contract.