Brooklyn Union Gas Co. v. City of New York

Motion for leave to appeal to the Court of Appeals granted, and questions certified as follows: 1. In this action can the defendant question the lawfulness of the-price charged- for gas furnished and consumed by it on the ground that such price is-in excess of the fair and reasonable value? 3. Is the actual cost to the plaintiff of the production and distribution of the gas a- material fact in the controversy? Present — Hirschberg, P. J., Jenks, Hooker, Gaynor and Miller, JJ.