Staten Island Edison Corp. v. Maltbie

The Public Service Commission appeals pursuant to leave granted by the Appellate Division, Third Department, upon certified questions of law, from an order of the Appellate Division and a judgment thereon which reversed orders of the Special Term, Albany County, granting defendants’ motion for judgment on the pleadings and dismissing the complaint. The Appellate Division granted a temporary injunction against enforcement of the commission’s order prescribing permanent rates and struck out four separate defenses in defendants’ answer. The following questions were certified:

“1. Is the plaintiff…