NEWMAN v. CON. EDISON CO.


79 Misc.2d 153 (1973)

Erwin Newman, Respondent, v. Consolidated Edison Company, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

July 19, 1973


Attorney(s) appearing for the Case

Williams & O'Neill (Joseph J. Klem of counsel), for appellant. Erwin Newman, respondent pro se.

Concur — GROAT, P. J., MARGETT and RINALDI, JJ.


MEMORANDUM.

Judgment unanimously reversed, with $10 costs to defendant, and new trial ordered.

In our opinion, it was error to refuse to admit into evidence the printed copy of Consolidated Edison's rate schedule, although uncertified, which showed "a public service commission * * * number of this state and an effective date" (CPLR 4540, subd. [d]). Said copy is prima facie evidence of the filed original tariff or...

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