Hoch v. Brooklyn Borough Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn Borough Gas Company, from a judgment of the Municipal Court of the city of Mew York in favor of the plaintiff, and also from an order denying the defendant’s motion for a new trial made upon the minutes. The plaintiff made a written application to the defendant to have her hotel supplied with gas, and it complied therewith in May, 1904. The bills therefor were rendered and paid weekly up to the following September.
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Appeal by the defendant, the Brooklyn Borough Gas Company, from a judgment of the Municipal Court of the city of Mew York in favor of the plaintiff, and also from an order denying the defendant’s motion for a new trial made upon the minutes. The plaintiff made a written application to the defendant to have her hotel supplied with gas, and it complied therewith in May, 1904. The bills therefor were rendered and paid weekly up to the following September. The defendant then demanded that the plaintiff pay $8.25 due for the current week and also $22.76 which was due * to it by a former occupant…
1Opinion of the Court
Gaynor, J.:
This action was brought to recover the statutory penalties for the refusal of a gas company to supply gas to the occupant of a build-. ing. The statute is that if an owner or occupant of a building situated within 100 feet of a main of a gas company make application in writing to the company to be supplied with gas, and pay the deposit required by the statute, the company shall supply such gas, notwithstanding there may be arrears due for gas supplied by it to a former occupant of the building ; and that if it refusa or neglect to do so for ten days it shall forfeit and pay to the…
2Cases cited1 opinion
- Meiers v. Metropolitan Gas Light Co.New York Court of Common Pleas · 1882
3Cited by6 opinions
- Levine v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Shelley v. Westchester Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Becker v. Brooklyn Edison Co.City of New York Municipal Court · 1923
- Fisher v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1938
- Shelley v. Westchester Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1908
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