BROOKLYN GAS v. MACGREGOR'S


118 Misc.2d 418 (1983)

Brooklyn Union Gas Company, Plaintiff, v. MacGregor's Custom Coach, Inc., Defendant.

Civil Court of the City of New York, Special Term, Kings County.

March 1, 1983


Attorney(s) appearing for the Case

Leopold, Gross, Sommers & Israel, P. C. (David Israel of counsel), for plaintiff. Norman Turk for defendant.


HERBERT KRAMER, J.

This action brought by Brooklyn Union Gas Company seeks compensation for consumption of unmetered gas. The gas was not metered due to an alleged bypass. The defendant denied the allegations and counterclaimed for an improper discontinuance of the service by the gas company.

This motion by the plaintiff is for dismissal of the counterclaims under the doctrine of primary jurisdiction, as enunciated in Guglielmo v Long Is. Light...

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