Schneider v. New Amsterdam Gas Co. (116 A.D. 345, 1906)

Scott, J.:

•The plaintiff has obtained an injunction pendente Ute restraining the defendant, the New Amsterdam Gas Company, from discontinning, cutting off or refusing to supply him with gas, and from removing his gas meter and other appliances for the supply of gas, because of plaintiff’s refusal to pay more than eighty cents for each 1,'000 feet óf gas consumed upon the premises. The complaint upon which the injunction was granted recites the passage: óf the act known as chapter 125 of the Laws of 1906, which in terms fixes- the price , of eighty cents -per 1,000- cubic feet as the maximum legal rate which the defendant gas company is authorized to charge1 or receive in the borough of Manhattan ; the rendition of bills to pljain-tiff at-the rate of one dollar per 1,000 feet; the tender of payment therefor at the rate of eighty cents per 1,000 feet; the refusal of the defendant gas Company to accept payment at that rate, and its threat to discontinue the supply of gas unless the bills therefor be paid at the rate specified therein. In granting the injunction the court below recited in its order that it did so “ on the authority of * * * Jacob Richman v. Consolidated Gas Company of New York, and not in the exercise of the discretion confided to the Special Term:” - In the Riekma/n case an in junction based upon substantially- the same state of facts was sustained by the Court of Appeals for reasons of comity, because the one question involved, to wit,; the constitutionality of the act of 1906, was likewise involved in an action of which. the Circuit Court of the United States in this circuit had taken jurisdiction, an