On December 17, 2024, the First Department issued a decision in Riverdale Jewish Ctr. v. Consolidated Edison Co. of N.Y., Inc., 2024 NY Slip Op. 06314, holding that a claim was properly dismissed under the primary jurisdiction doctrine, explaining:
Plaintiff alleges that the residential insert pamphlet distributed by defendant to its gas customers was inaccurate and misled qualifying religious institutions into selecting a less advantageous rate. While concurrent jurisdiction does exist, it was a provident exercise of the court’s discretion to defer primary jurisdiction to New York State Public Service Commission (PSC), which has the necessary expertise to dispose of the issue, with resort to a judicial tribunal withheld pending resolution of the administrative proceeding. Deference to the PSC at this juncture avoids the possibility of inconsistent adjudications. Plaintiff’s claim that its suit does not involve the reasonableness of rates is unpersuasive. Although plaintiff does not challenge the individual rates as set, it does challenge defendant’s presentation of those rates, claiming that it was done in a manner so as to cause a higher rate assessment, making the primary jurisdiction doctrine applicable.
(Internal citations omitted).