MARGOLIS v. NEW YORK TEL. CO.


27 A.D.2d 595 (1966)

Benjamin Margolis, Appellant, v. New York Telephone Company, Respondent

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

December 22, 1966


HERLIHY, J.

The action was for a judgment declaring the demand for payment of monthly telephone service charges in advance unconstitutional. In the first instance, the reasonableness of a utility's tariff provision is a question to be determined by the Public Service Commission. On the meager papers presented by the plaintiff there is no showing that the defendant has acted unreasonably or to the prejudice or discrimination of the plaintiff. The requirement...

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