SUFFOLK SANI CORP v. TOWN BD


84 Misc.2d 373 (1975)

Suffolk Sanitary Corp., Plaintiff, v. Town Board of the Town of Brookhaven et al., Defendants.

Supreme Court, Special Term, Suffolk County.

September 29, 1975


Attorney(s) appearing for the Case

Howard E. Pachman, County Attorney, for Suffolk County Sewer Agency, defendant. Martin J. Kerins, Town Attorney, for Town of Brookhaven, defendant. Schechter, Schechter & Wishod for plaintiff.


LEON D. LAZER, J.

Where the public utility involved is not subject to the jurisdiction of the Public Service Commission, does the Supreme Court of the State possess the equity power to place in effect a new utility rate schedule? The question is of current moment because the plaintiff utility corporation (engaged in sewage collection and disposal) has brought an action for a judgment declaring that an amended...

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