Strauss v. Belle Realty Co., 65 N.Y.2d 399 (1985)

A defendant is not liable for negligence when it had no duty to the plaintiff. Courts have routinely held that utility companies are not liable for consequential damages for failure to provide service to noncustomers. These decisions have rested on the need to contain liability to manageable levels by extending the utility’s duty only to foreseeable parties. Allowing recovery in Plaintiff’s case would violate the court’s responsibility to to limit the duty owed in order to control the extent of liability.