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KLCR LAND CORPORATION v. NEW YORK STATE ELECTRIC & GAS CORPORATION

15 A.D.3d 719 (2005)

789 N.Y.S.2d 323

KLCR LAND CORPORATION et al., on Behalf of Themselves and All Others Similarly Situated, Appellants v. NEW YORK STATE ELECTRIC & GAS CORPORATION, Respondent.

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

February 3, 2005.

Cardona, P.J.

Plaintiffs are nonresidential, seasonal electric service customers of defendant, a New York utility company that provides electric and natural gas service. In 1998, plaintiffs filed a complaint in an attempt to commence a class action suit on behalf of all similarly situated customers alleging that defendant overcharged its ratepayers contrary to the terms of a tariff approved by the Public Service Commission (hereinafter PSC). By order entered November...

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