Town of North Hempstead v. Public Service Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Town of North Hempstead, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Nassau on the 19th day of October, 1921, denying its motion for an injunction pendente lite.
1Opinion of the Court
Blackmar, P. J.:
The court at Special Term denied a motion for an injunction pendente lite. The plaintiff sought the injunction to restrain *190the defendant gas company from making a “ service charge.” This service charge had been authorized by a decision of the Public Service'Commission, which has general jurisdiction over the matter of rates and charges of gas companies.* There exists, however, in the Transportation Corporations Law a provision (§ 66) prohibiting any gas light company from charging or collecting any rent on its gas meters, either in a direct or an indirect manner. The plaintiff…
2Cited by3 opinions
- Dennis v. Long Island Lighting Co.New York Supreme Court · 1974
- Town of Wausaukee v. LauermanWisconsin Supreme Court · 1942
- New York, Ontario & Western Railway Co. v. GriffinAppellate Division of the Supreme Court of the State of New York · 1922