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VAN DUSSEN-STORTO v. ROCH. TEL.

42 A.D.2d 400 (1973)

Van Dussen-Storto Motor Inn, Inc., Appellant-Respondent, v. Rochester Telephone Corporation, Respondent-Appellant

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

October 26, 1973.

Attorney(s) appearing for the Case

Robinson, Williams, Robinson & Angeloff (John Sullivan of counsel), for appellant.

Nixon, Hargrave, Devans & Doyle (Edward J. Burns and David N. Kunkel of counsel), for respondent.

GOLDMAN, P. J., MARSH, CARDAMONE and HENRY, JJ., concur.

MOULE, J.

This case comes before us on appeal from a dismissal of certain portions of plaintiff's complaint on a question concerning the proper primary administrative jurisdiction of the Public Service Commission.

During the course of the construction of a motel in Henrietta, New York, plaintiff, in 1968, informed defendant Rochester Telephone Corporation (RTC) that it intended to install a private telephone...

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