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SOLAGES v. NATIONAL GRID

2018-1875 K C.

66 Misc.3d 1 (2019)

113 N.Y.S.3d 813

2019 NY Slip Op 29350

SCHUMANN SOLAGES, Appellant, v. NATIONAL GRID, Respondent.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided November 15, 2019.

Attorney(s) appearing for the Case

Schumann Solages, appellant pro se.

Hammill, O'Brien, Croutier, Dempsey, Pender and Koehler, P.C. ( Anton Piotroski of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and defendant's motion to dismiss the action is denied.

In this small claims action seeking $4,990.61 for an "overcharge," plaintiff appeals from an order of the Civil Court granting defendant's motion to dismiss the action on the ground that the Public Service Commission has primary jurisdiction to resolve what defendant describes as a billing dispute.

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