Hayes v. Niagara Mohawk Power Corp.
| Decision Date | 18 February 1972 |
| Parties | , 281 N.E.2d 843 Patricia HAYES, Appellant, v. NIAGARA MOHAWK POWER CORPORATION, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Fourth Department, 35 A.D.2d 1072, 316 N.Y.S.2d 520. Onondaga Neighborhood Legal Services, Inc., Syracuse (David D. Kerman, Syracuse, of counsel), for appellant.
Melvin & Melvin, Syracuse (Gerald J. Mathews, Syracuse, of counsel), for defendant-respondent.
Tenant brought an action for temporary injunction to restore electric power. The Supreme Court, Onondaga County, Special Term, John R. Tenney, J., 63 Misc.2d 581, 312 N.Y.S.2d 436, granted the motion for preliminary injunction and the electric power company appealed.
The Appellate Division reversed the order and dismissed the complaint. It held that the tenant who rented an apartment for which electric service was paid for by the landlord was not entitled to written notice that electricity would be shut off for nonpayment of electric bills on other property owned by landlord. The tenant appealed.
In the Court of Appeals the tenant urged that before utility service may be discontinued public service corporation must give prior notice to the tenant as the person supplied in the premises where service is rendered and that the court below erred by construing the right to notice to be a contractual right. The power company asserted that due process did not require the power company to give tenant notice before services were terminated, that the power company did not have to give notice of power discontinuance to tenants who had no contractual relationship with company and that the tenant was not a third party creditor beneficiary entitled to notice under Transportation Corporations Law, § 15.
Order affirmed, without costs.
All concur.
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Hayes v. Niagara Mohawk Power Corporation
...1027 30 N.Y.2d 790, 285 N.E.2d 322 Hayes v. Niagara Mohawk Power Corporation COURT OF APPEALS OF NEW YORK May 03, 1972 330 N.Y.S.2d 795, 281 N.E.2d 843, 30 N.Y.2d 579 MOTION FOR Denied. ...