People v. Hurley Water Co.

Appeal from an order of the Supreme Court at Special Term (Weiss, J.), entered September 19,1980 in Albany County, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action. Defendant Hurley Water Company is a water-works corporation which provides water service to the Town of Kingston in Ulster County, and the instant controversy arose out of a billing dispute between defendant and one of its residential customers, Mrs. Terry Thomas. The central question presented for our determination relates to an oral directive given to defendant by a senior engineer…