Brownsville Baptist Church v. Consolidated Edison Co. of New York, Inc.
Opinion of the Court
—In an áction, inter alia, to recover damages for violations of Public Service Law § 76, the plaintiffs appeal from an order of the Supreme Court, Kings County (Jones, J.), dated November 17, 1998, which, upon granting the defendant’s motion for reargument, dismissed the complaint on the ground that it is barred by the doctrine of primary jurisdiction.
Ordered that the order is affirmed, with costs.
The Supreme Court correctly determined that the doctrine of primary jurisdiction requires that this matter first be referred to the Public Service Commission for its assessment. The reasonableness of a utility’s rates, rules, or practices is properly submitted first to the agency which has been vested by the Legislature with the authority to regulate and review such matters (see, e.g., United States v Western Pac. R. R. Co., 352 US 59; Capital Tel. Co. v Pattersonville Tel. Co., 56 NY2d 11; see also, Uniformed Firefighters Assn, v City of New York, 79 NY2d 236, 241-242; Albany-Binghamton Express v Borden, Inc., 192 AD2d 887, 888).
Under the circumstances, the plaintiffs’ common-law and statutory causes of action were properly dismissed, as they amount to little more than “collateral attacks on the [Public Service Commission’s] rate determinations” (Porr v NYNEX Corp., 230 AD2d 564, 576; see also, Heller v Coca Cola Co., 230 AD2d 768, 770). Thompson, J. P., Friedmann, Florio and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.