Appellate Division of the Supreme Court of the State of New York November 6, 1972 (Goldenthal v. New York Telephone Co.)

In a proceeding to compel respondent to restore petitioner’s telephone service, petitioner appeals from an order of the Supreme Court, Kings County, dated January 18, 1972, which granted respondent’s motion to dismiss the proceeding on the grounds that the court does not have jurisdiction of the subject matter of the proceeding and the petition fails to state a cause of action.