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· 9/20/1944

Claim of Sheiner v. Sheiner & Blum, Inc.

Citations

  • 268 A.D. 841
  • 50 N.Y.S.2d 282
  • 1944 N.Y. App. Div. LEXIS 3714

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding Public Service Commission to be quasi-judicial
  • affirming application of issue preclusion but noting that the lower court properly declined to convert proceeding into an Article 78 pro ceeding because four month review period had elapsed before the action was initiated
  • “the court must make the threshold determination that the agency has the statutory authority to act adjudicatively”
  • “While issue preclusion may arise from the determination of administrative agencies, in that context, the doctrine is applied more flexibly”
  • PSC adjudicatory determination that new tariff was not “applicable rate” for “old capacity cogenerator” under PURPA contract was dispositive of cogenerator’s subsequent state court action to obtain full avoided cost for utility purchases

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.