Opinion
No. 2011–3173RI C.
2013-03-15
Martin M. FILLER, Appellant, v. CONSOLIDATED EDISON, Respondent.
Present: RIOS, J.P., PESCE and ALIOTTA, JJ.
Appeal from an order of the Civil Court of the City of New York, Richmond County (Kevin J. Quaranta, J.), dated November 7, 2011. The order granted defendant's motion to dismiss the action.
ORDERED that the order is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $1,500, alleging that defendant had erroneously billed him at a commercial rate, rather than at a residential rate and, therefore, had overcharged him on his electric bills. Defendant moved, among other things, to dismiss the action on the ground that the Public Service Commission (PSC) had primary jurisdiction over plaintiff's utility bill dispute. The Civil Court agreed and granted defendant's motion.
It is uncontroverted that both the Civil Court and the PSC have jurisdiction over plaintiff's dispute. However, whether plaintiff should have been billed at a commercial or a residential rate is subject to the definition of such rates as promulgated by the energy provider. Since, under the regulatory scheme, the issue involved herein depends upon the specialized knowledge and experience of the agency which has been vested by the legislature with the authority to review such matters, the PSC has primary jurisdiction ( see Thompson v. New York State Elec. & Gas Corp., 25 A.D.3d 850 [2006] ). As the record supports the Civil Court's determination, the parties have been provided with substantial justice according to the rules and principles of substantive law ( see CCA 1804, 1807; Ross v. Friedman, 269 A.D.2d 584 [2000];Williams v. Roper, 269 A.D.2d 125, 126 [2000] ).
Accordingly, the order is affirmed.