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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Client buys a small business (pizzeria). The seller of the

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Client buys a small business (pizzeria). The seller of the pizzeria had an old unpaid balance with PSE & G. PSE & G originally refused to turn on power for client on theory that he was a successor. Documents have been submitted to PSE & G's counsel, who agrees that client is wholly independent (which he is) from seller, and that power should be turned on. But PSE & G just doesn't do it. It's been a month since I got involved (post-closing, thankfully), and it just doesn't happen. Complete inertia.

Client's business is ruined. He is now going to sue PSE & G.

What cause of action is stated against PSE & G on these facts?
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
Hi,

I think your client has a negligence per se claim against PSE & G. PSE&G is a quasi public utility and falls under the following:



TITLE 48. PUBLIC UTILITIES
CHAPTER 3. PUBLIC UTILITIES GENERALLY
ARTICLE 1. PROHIBITIONS, RESTRICTIONS AND EXEMPTIONS


GO TO THE NEW JERSEY ANNOTATED STATUTES ARCHIVE DIRECTORY

N.J. Stat. § 48:3-3.1 (2012)

§ 48:3-3.1. Refusal to furnish service for nonpayment of bill by previous occupant prohibited


No public utility shall refuse to furnish or supply service to or for any building or premises by reason of a bill remaining unpaid by a previous occupant, providing the person applying for service shall not be in arrears to such company for service previously furnished to or for such building or premises or furnished to or for any other building or premises.

I would sue based on this statute and seek the economic damages resulting. You will need to get the sales information and books from the old pizzaria owner to be able to prove damages (i.e., future lost profits, etc).

Best of Luck,
Zachary D. Norris
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