147 Misc. 560 | N.Y. Sup. Ct. | 1933
This is a motion by the' defendants to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action and that the court has not jurisdiction of the subject of the action.
The plaintiff sues in equity for an injunction restraining the defendants from in any way enforcing a certain order made by the defendants in a proceeding before them. It is the contention of the plaintiff that this order is without the jurisdiction of the defendants and deprives it of its property without due process of law, deprives it of equal protection of law and impairs the obligation of plaintiff’s contracts, all in violation of the State and Federal Constitutions.
The order among other things provided that the plaintiff should
The defendants contend that the only remedy of the plaintiff is to have its order reviewed by certiorari and that it cannot be attacked in an equitable action for an injunction. It was held in Municipal Gas Co. v. Public Service Commission (225 N. Y. 89) that when constitutional immunities are threatened the judgment of the courts might be invoked. This determines in favor of the plaintiff the question as to whether this court has jurisdiction of the subject of the action.
The next question is whether the complaint states facts sufficient to constitute a cause of action. It alleges that the plaintiff’s constitutional rights have been violated and sets up facts which construed most favorably to the plaintiff would indicate that the plaintiff is correct in such contention. There is no need for this court to pass upon all of the challenges of the plaintiff against the order involved. If any one of them is sufficient, then the complaint itself is sufficient. I fail to find any authority permitting the Public
As is stated above, if the complaint shows that the order violates the plaintiff’s constitutional rights in any one particular, then the complaint must be upheld. It does appear that the complaint does violate the plaintiff’s contractual rights in this particular. Consequently the motion must be denied.
In the light of this decision the court does not deem it necessary to pass upon the other questions involved.
Motion denied, with ten dollars costs.
Plaintiff may submit an order accordingly.
Now Public Service Law.