Everbest Engineering Corp. v. Consolidated Edison Co. of New York, Inc.

The defendant moves for dismissal of the complaint pursuant to subdivision 1 of rule 107 of the Rules of Civil Practice. The application made pursuant to subdivision 4 of rule 106 is withdrawn. The action claimed to be maintainable here involves an alleged grievance arising from a changeover from the distribution and sale of manufactured gas to natural gas. In its application before the Public Service Con? *432mission for leave to effect such, a change-over the defendant proposed to ” adjust, at its own expense, the gas burner, appliances and equipment of the consumers, so that such appliances…