Pollitz v. Consolidated Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Consolidated Gas' Company of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of February, 1907, granting an injunction pendente lite restraining the defendant from discon tin n- . ing, cutting off or refusing to continue to supply the plaintiff with gas at his premises.
1Opinion of the Court
Clarke, J.:
This is an appeal from an order granting an in j unction ■'pendente lite.. The action was brought to restrain the defendant from depriving the plaintiff of the use of gas by reason of the plaintiff’s refusing to pay therefor more than at the rate of eighty cents per 1,000 cubic feet as provided by chapter 125 of the Laws of 1906.
The complaint is similar to that served in the case of Richman v. Consolidated Gas Co. (114 App. Div. 216; affd., 186 N. Y. 209). If the facts in the case at bar were similar to those presented in the Ridhman case, the order appealed from would have to be…
2Cases cited2 opinions
- Richman v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Richman v. . Consolidated Gas Co.New York Court of Appeals · 1906
3Cited by3 opinions
- Oklahoma Natural Gas Co. v. YoungCourt of Appeals for the Tenth Circuit · 1940
- Paalge, Inc. v. Niagara Mohawk Power Corp.New York Supreme Court · 1972
- Bienenfeld v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1907