STATE OF N. Y. v. McBRIDE TRANSP.


56 Misc.2d 90 (1968)

State of New York, Plaintiff, v. McBride Transportation, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

March 5, 1968


Attorney(s) appearing for the Case

Zelby & Burstein for defendants. Louis J. Lefkowitz. Attorney-General (Louis Smigel, Samuel A. Hirshowitz and George C. Mantzoros of counsel), for plaintiff.


SAMUEL A. SPIEGEL, J.

Defendants move for dismissal of the complaint, or, in the alternative, for a stay of proceedings upon the ground that the court does not have jurisdiction of the subject matter.

Defendants contend that this matter is in the exclusive primary jurisdiction of the Public Service Commission (hereinafter referred to as Commission or PSC), that the plaintiff has failed to exhaust its remedy before the Commission, and, alternatively...

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