September 26, 2011 / 9:16 PM / 9 years ago

U.S. judge tosses Con Edison's 9/11 case

 * Judge Hellerstein dismisses 9/11 suit by Con Edison
 * Calls claims against defendants “farfetched”
 By Carlyn Kolker
 NEW YORK, Sept 26 (Reuters) - A federal judge dismissed on Friday a lawsuit by electric-service provider, Consolidated Edison Inc (ED.N), stemming from the destruction of the company’s power station during the Sept. 11, 2001 attacks.
 In a lawsuit first filed in 2004, Con Ed sued 7 World Trade Center Company, a corporate entity owned by WTC developer Larry Silverstein, claiming the entity should be held liable for letting tenants install diesel-fueled generators in the building and for failing to honor New York City fire codes.
 The power company also sued Citigroup Inc (C.N), the successor company to the primary tenant of the building, saying the bank was negligent in designing and constructing the property with a dangerous generator system.
 U.S. District Judge Alvin Hellerstein dismissed the claims against both defendants on Friday, calling them “farfetched.” Hellerstein had previously thrown out similar claims against a host of other defendants, including architects and design and construction contractors.
 In his opinion, Hellerstein said the defendants did not owe Con Edison a duty to take reasonable precautions in the extraordinary situation stemming from the airline attacks of Sept. 11.
 “Nothing in common experience or history could give rise to a reasonably foreseeable risk relating to the chain of events flowing from the terrorists and their hijackings to the destruction of the Con Edison substation,” Hellerstein wrote.
 “We’ll review the decision,” a spokesman for Con Edison said in a statement. “This is one of many legal and financial issues involving multiple parties associated with the events of 9/11.”   (Editing by Andre Grenon)   

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