Legal Opinion

Cardone v. Consolidated Edison Co. of New York, Inc.

Appellate Terms of the Supreme Court of New York

Decided October 27, 1949PublishedCited by 10 opinions

1Opinion of the CourtEder, J.

Appeals Nos. 35 and 36 involve the same question and are considered together. In each action plaintiff sued to recover alleged overcharge for gas service supplied by defendant. Defendant moved, in each action, to dismiss the complaint upon the grounds that (1) the court has not jurisdiction of the subject of the action and (2) that the complaint, upon the face thereof, does not state facts sufficient to constitute a cause of action. The motion was denied, in each instance, and judgment rendered for plaintiffs, and defendant appeals from the orders and judgments thereon.

Various questions are…

2Cases cited5 opinions

  1. Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915
  2. Matter of Leitner v. New York Telephone Co.New York Court of Appeals · 1938
  3. Ten Ten Lincoln Place, Inc. v. Consolidated Edison Co.New York Supreme Court · 1947
  4. Hewitt v. N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1940
  5. Ten Ten Lincoln Place, Inc. v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1948

3Cited by10 opinions

  1. County of Suffolk v. Long Island Lighting Co.Court of Appeals for the Second Circuit · 1984
  2. County of Suffolk v. Long Island Lighting Co.District Court, E.D. New York · 1989
  3. Jacob Goodman & Co. v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1955
  4. County of Suffolk v. Long Island Lighting Co.District Court, E.D. New York · 1983
  5. Columbia Gas of New York, Inc. v. New York State Electric & Gas Corp.New York Supreme Court · 1968

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