Mykolin v. Consolidated Edison Co.

In this action for a judgment declaring that the minimum charge for residential customers of defendant Consolidated Edison Company of New York (Con Edison) is illegal because it violates subdivision 6 of section 65 of the Public Service Law, plaintiffs move for an order pursuant to CPLR article 9 permitting them to maintain the action as a class action. Con Edison cross-moves for summary judgment on the ground that the cause of action has no merit, and that the court does not have jurisdiction over the subject matter of this action, and on other related grounds. Following oral argument on the…