Columbia Gas of New York, Inc. v. New York State Electric & Gas Corp.

Cross appeals from an order of the Supreme Court at Special Term, entered July 17, 1969 in Broome County, which denied defendant’s motion to dismiss the first cause of action and granted its motion to dismiss the second cause of action. Plaintiff and defendant are competitors in the Binghamton area for the supply of gas heating and electric heating respectively. Defendant in negotiating for contracts with certain municipalities is offering lower heat rates for lighting energy if a building is heated by electricity and if the energy from lighting contributes at least 25% of the heat required…