CARDONE v. CONSOL. EDISON CO. OF N. Y.


197 Misc. 188 (1949)

Frances Cardone, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant. Anna M. O'Connor, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

October 27, 1949.


Attorney(s) appearing for the Case

Colley E. Williams and Sidney L. Davis for appellant.

Harry Lesser for respondents.

PECORA and HECHT, JJ., concur.


EDER, 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...

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