Wolf Popper LLP Announces that the New York Supreme Court Certifies a Class of Residential Customers Who Lost Power for More Than 3 Days Due to Superstorm Sandy
NEW YORK, July 11, 2018
Wolf Popper LLP is pleased to announce that, in a rare and significant decision, the New York State Supreme Court, Nassau County, granted class certification in the litigation against LIPA (the Long Island Power Authority) and National Grid Electric Services, which claims arise from the companies’ dismal performance before and after Sandy. The class action alleges that LIPA and National Grid breached their contracts with LIPA customers by failing to properly maintain and storm harden LIPA’s electric transmission and delivery system, and as a result of those breaches, LIPA customers suffered unacceptably prolonged power outages after the storm in October and November 2012.
The Court certified a class of all LIPA residential customers who lost power during Sandy, were without power for more than three days, and did not require electrical inspections to regain service. The Court certified the named plaintiffs as Class representatives, and appointed Wolf Popper as co-lead counsel for the Class.
The case is In re Long Island Power Authority Hurricane Sandy Litigation, No. 601434-2013 (Supreme Court, Nassau County).
For More Information Contact:
Sean Zaroogian, Esq.
Wolf Popper LLP
845 Third Avenue
New York, NY 10022
New York Supreme Court Denies Defendants’ Motions to Compel Arbitration
On June 8, 2016, the New York Supreme Court denied motions to compel arbitration filed by Defendants Long Island Power Authority (“LIPA”) and National Grid Electric Services LLC (“National Grid”). The Court found that neither LIPA nor National Grid “prove[d] that the parties expressly agreed to arbitration this dispute” and that LIPA and National Grid “waived their rights to arbitrate this dispute” because of “the amount of litigation that has occurred in this litigation, including but not limited to several pretrial motions and an appeal, the more than three years between the commencement of the lawsuit and the arbitration requests by [National Grid and LIPA], and the showing of substantial prejudice by the plaintiffs.”
New York Appellate Court Affirms Denial of Defendants’ Motion to Dismiss
On December 30, 2015, the New York Supreme Court, Appellate Division, Second Department, held that the trial court was correct to deny the defendants’ motions to dismiss the class claims for monetary damages against the Long Island Power Authority (“LIPA”) and National Grid Electric Services LLC (“National Grid”). In its opinion, the Appellate Division also stated that factual issues existed as to whether LIPA consumers were intended third-party beneficiaries of National Grid’s contract with LIPA, and that National Grid’s motion to dismiss that claim was properly denied. Wolf Popper is co – lead counsel for the proposed class of LIPA consumers harmed by defendants’ wrongful failure properly to maintain the Long Island electric grid system.
Wolf Popper Appointed Co-Lead Counsel In re Long Island Power Authority Hurricane Sandy Litigation and Defeats Defendants' Motion to Dismiss
Wolf Popper LLP has been appointed co-lead counsel in this consumer class action in New York State Supreme Court, Nassau County and successfully defeated Defendants' motion to dismiss the litigation. This litigation results from the effects of Hurricane Sandy which struck the northeastern United States in October 2012. The plaintiffs allege that the Long Island Power Authority breached its contract to provide adequate electric service by failing to properly maintain and operate its distribution and transmission system and failing to restore regular and uninterrupted service to its customers in a timely fashion in the wake of the storm. The plaintiffs have brought this action against the Long Island Power Authority and its service provider National Grid Electric Services, LLC for damages.
For further information about this case contact:
Lester L. Levy
Joshua W. Ruthizer