New York Court of Appeals

Marcel Kovarsky, Respondent v. Brooklyn Union Gas Company, Appellant

December 9, 1938279 N.Y. 304

Summary

The Court of Appeals affirmed the lower court, holding that the plaintiff may seek an injunction and declaratory judgment in a representative action against the gas company's $1 reconnection charge, that the charge is a prohibited "service charge" under §65(6), and that no accounting may be obtained in such an action; the Commission proceeding under §71 is not exclusive.