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TOWNSHIP OF THOMPSON v. NEW YORK STATE ELECTRIC & GAS CORPORATION

25 A.D.3d 850 (2006)

807 N.Y.S.2d 203

TOWNSHIP OF THOMPSON et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. NEW YORK STATE ELECTRIC & GAS CORPORATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 5, 2006.

Rose, J.

Plaintiffs, who are nonresidential, seasonal customers of defendant, commenced this attempted class action alleging that they and others similarly situated have been overcharged for electrical service. Their action is based upon a June 2003 determination by the Public Service Commission (hereinafter PSC) that resolved similar complaints of overcharging filed by KLCR Land Corporation and Har-Nof, Inc. (hereinafter the KLCR

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