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MATTER OF FIRST STERLING CORP. v. LUNDY

14 A.D.2d 193 (1961)

In the Matter of The First Sterling Corporation, Appellant, v. James A. Lundy et al., Constituting The Public Service Commission of the State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 1, 1961.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison (Samuel J. Silverman of counsel), for appellant.

Kent H. Brown (George H. Kenny and Vincent P. Furlong of counsel), for Public Service Commission, respondent.

Whitman, Ransom & Coulson (Arthur L. Webber and Dugald C. Brown of counsel), for Consolidated Edison Company of New York, Inc., respondent.

GIBSON, HERLIHY, REYNOLDS and TAYLOR, JJ., concur.

BERGAN, P. J.

On May 31, 1959 Sterling Mortgage Company, Inc., was the owner of record of six one-story buildings in Queens, and under a tariff of the Consolidated Edison Company was allowed the privilege of conjunctional billing for electric service in its buildings.

In 1960 Sterling Mortgage Company which was a subsidiary of petitioner First Sterling Corporation, a Delaware corporation, consolidated...

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