Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court did not err by dismissing the plaintiffs' complaint (see, CPLR 3211 [a] [7]). We disagree with the court's conclusion that the doctrine of primary jurisdiction requires that the question of the legality of the defendant's tariff be referred to the Public Service Commission. Whether the limitation of liability provision of the defendant's tariff contravenes 16 NYCRR 218.1 presents...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
