Smith v. Surrey Housing Development Fund Co.

In this special proceeding pursuant to article 7-A of the Real Property Actions and Proceedings Law, an administrator of the subject real property was appointed on March 5, 1976. Orange and Rockland Utilities, Inc., which is not a party hereto, advised the court by letter dated June 30, 1976, of its intention to terminate utility services (electricity and gas) because of alleged arrears.

There is no precedent to guide the court in its formulation of the answer to the question before it, viz.: May a utility company terminate utility service to real property under the management of an…