Staten Island Edison Corp. v. Maltbie

Plaintiff instituted this plenary action in equity for an injunction against the enforcement of a rate claimed by it to he confiscatory and the right to maintain the action has been upheld (Staten Island Edison Corp. v. Maltbie, 296 N. Y. 374, 297 N. Y. 614).

Defendants now move for summary judgment, dismissing plaintiff’s complaint, pursuant to rule 113 of the Eules of Civil Practice upon the ground that the answer in the action sets forth a defense established prima facie hv documentary evidence and official records which is sufficient as a matter of law and which entitles the defendants to…