BLAIR v. NYNEX CORP.


246 A.D.2d 336 (1998)

667 N.Y.S.2d 365

Jeffrey Blair, Appellant, v. NYNEX Corporation, Respondent

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

January 8, 1998


Plaintiff purports to represent a class of those persons who have been charged five cents by a pay telephone for additional time on a call, but have paid a greater amount because they did not have the correct change, and because the pay telephones are mechanically unable to provide refunds or to credit the caller with additional time. We agree with the motion court that the primary jurisdiction doctrine warrants deferral to the Public Service Commission, and that the action...

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