Capital Telephone Company, Inc., Respondents v. Pattersonville Telephone Company, Inc., Appellants

Summary

The New York Court of Appeals affirmed the Appellate Division's order denying defendants' motion for summary judgment except as to the federal antitrust claims and answered the certified question affirmatively. The court held that the Public Service Commission's prior determination does not preclude the Donnelly Act antitrust action, that the PSC lacks exclusive jurisdiction over tariff reasonableness, that primary jurisdiction does not require abstention, and that the PSC is not a necessary party.