Opinion
March, 1933.
Judgment affirmed, with costs. No opinion. Young, Hagarty, Tompkins and Davis, JJ., concur; Kapper, J., dissents. [ 141 Misc. 261. ]
March, 1933.
Judgment affirmed, with costs. No opinion. Young, Hagarty, Tompkins and Davis, JJ., concur; Kapper, J., dissents. [ 141 Misc. 261. ]
Full title:JAMES F. McCORMICK, Suing on Behalf of Himself and All Others Similarly…
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Mar 1, 1933
The test to apply is this: Does the customer have to pay if he uses no gas? If he does, it is a service…