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White Electric Inc. v. Con Edison

Electrical contractor may not recover payments to workers forced to wait for electricity shut off.

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Judge Brotmann

WHITE ELECTRIC INC. v. CON EDISON — Plaintiff, the sole proprietor and shareholder of White Electric Inc., is suing Con Edison on his own behalf and behalf of the corporation herein for damages which allegedly resulted from Con Edison’s failure to appear at scheduled appointments. Specifically, on two separate occasions, plaintiff had arranged to meet representatives of Con Edison at particular locations in order to complete certain electrical work on behalf of individual homeowners. Mr. Wellings testified credibly on behalf of himself and White Electric. It appears that White Electric would be contacted by a homeowner1 to have some work done (Plaintiff’s Exhibits 1 and 2). In order to complete the work, plaintiff would then contact Con Edison who would meet plaintiff at the site, shut off the electricity so that the work could be done and then Con Edison would turn the power back on. In these two instances, plaintiff contacted Con Edison and made the appropriate arrangements. Although plaintiff arrived at the site at the designated time, Con Edison never appeared. In fact, when Mr. Wellings called Con Edison, he was emphatically told that Con Edison would be there and that plaintiff should wait. Plaintiff had to pay its employees for approximately 32 hours while they sat and waited for Con Edison to appear. Plaintiff is now seeking to recover the amount of $2,908.94 which was paid to its workers.

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