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GOODMAN & CO. v. NEW YORK TEL. CO.

309 N.Y. 258 (1955)

Jacob Goodman & Co., Inc., Appellant, v. New York Telephone Company et al., Respondents. (Action No. 1.) Jacob Goodman & Co., Inc., Appellant, v. New York Telephone Company et al., Respondents. (Action No. 2.)

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Harry J. Halperin, Bernard Buchwald and Edmund B. Hennefeld for appellant.

Frank A. Fritz, Ralph W. Brown, Arthur P. West, Anthony T. Antinozzi, Frank A. Fritz, Jr., Eric B. Nelson and Philip Wagner for New York Telephone Company, respondent.

Peter Campbell Brown, Corporation Counsel (Morris L. Heath, Stanley Buchsbaum and Charles M. Fox of counsel), for City of New York, respondent.

In Action No. 2: CONWAY, Ch. J., DYE and VAN VOORHIS, JJ., concur with FROESSEL, J.; DESMOND, J., dissents in an opinion in which FULD, J., concurs; BURKE, J., taking no part.

FROESSEL, J.

These two actions challenge the propriety of the billing method in use by the New York Telephone Company (hereinafter called the Company) since 1950. At that time, following hearings before the Public Service Commission (hereinafter called the Commission), the Company extended its New York City dial system into Nassau and lower Westchester counties, and thereafter, in pursuance of its duty to collect...

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