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Appellate Division, Fourth Department · October 2, 2026 · 2026 NY Slip Op 05621

Agway Energy Servs., LLC v Central Hudson Gas & Elec. Corp.

Read the official decision: 2026 NY Slip Op 05621

Holding The court held that the Public Service Commission has primary jurisdiction over the plaintiff’s claims regarding billing procedures and EDI protocols. However, the lower court abused its discretion by dismissing the complaint without prejudice instead of staying the action, as the plaintiff sought monetary damages subject to the statute of limitations.

The court’s words

the court abused its discretion to the extent that it dismissed the complaint without prejudice instead of staying the action

2026 NY Slip Op 05621, at the official text

a damage[s] action for past conduct cannot be easily reinstated at a later time because [s]uch claims are subject to the Statute of Limitations

2026 NY Slip Op 05621, at the official text

the determination of the issues involved, under a regulatory scheme, depends upon the specialized knowledge and experience of th[at] agency

2026 NY Slip Op 05621, at the official text
CourtAppellate Division, Fourth Department
DecidedOctober 2, 2026
Citation2026 NY Slip Op 05621
Area of lawAdministrative Law
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05621
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id814

Recommended citation

ESQ HQ, New York Law Watch, Agway Energy Servs., LLC v Central Hudson Gas & Elec. Corp., 2026 NY Slip Op 05621 (Appellate Division, Fourth Department, October 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05621/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 2, 2026. Updated October 2, 2026.