Brothers Drive-In, Inc. v. Consolidated Edison Co. of New York, Inc.

Plaintiff claims that the cutoff of electrical service by the defendant was in breach of its contract and an unreasonable failure by the utility to supply the service to plaintiff’s restaurant, a place of public accommodation, in violation of statute.

On the credible evidence, I find that no firm offer to pay both the security and arrears of unpaid bills was made on January 19, 1966, the cutoff date. Moreover, I do not find any violation by the defendant of section 65 of the Public Service Law, as the phrase therein, “unreasonable prejudice or disadvantage in any respect whatsoever”, is…