N.Y. Laws » CHAPTER Public Service / ARTICLE Provisions Relating to Telegraph and Telephone Lines and to Telephone and Telegraph Corporations
New York Consolidated Laws

N.Y. Public Service Law § 93 (2026)

Liability for loss or damage caused by violation of this chapter

✓ current as of May 2026
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§ 93. Liability for loss or damage caused by violation of this
chapter.  In case any telegraph corporation or telephone corporation
shall do or cause to be done or permit to be done any act, matter or
thing prohibited, forbidden or declared to be unlawful, or shall omit to
do any act, matter or other thing required to be done, either by law of
the state of New York by this chapter or by any order of the commission,
such telegraph corporation or telephone corporation shall be liable to
the person or corporation affected thereby for all loss, damage or
injury caused thereby or resulting therefrom and in case of recovery if
the court shall find that such act or omission was willful it may in its
discretion fix a reasonable counsel or attorney's fee, which fee shall
be taxed and collected as a part of the costs in the action. An action
to recover for such loss, damage or injury may be brought in any court
of competent jurisdiction by any such person or corporation.
Notes of Decisions
Cited in 3 cases, 1989–2009 · leading case: Capital Tel. Co. v. New York Tel. Co., 146 A.D.2d 312 (N.Y. App. Div. 1989).
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Capital Tel. Co. v. New York Tel. Co., 146 A.D.2d 312 (N.Y. App. Div. 1989). · cites it 2× “In Capital’s fourth cause of action, damages are sought for NYT’s discriminatory fees and provision of services, claimed to have been in violation of Public Service Law § 91 and recoverable under Public Service Law § 93. After issue was joined and the parties engaged in pretrial…”
Empire One Telecomm., Inc. v. Verizon New York, Inc., 26 Misc. 3d 541 (N.Y. Sup. Ct. 2009). · cites it 4× “However, Empire’s argument that it is entitled to recover lost profits pursuant to Public Service Law § 93 is without merit.”
Porr v. NYNEX Corp., 170 Misc. 2d 203 (N.Y. Sup. Ct. 1996). “) However, insofar as plaintiffs third cause of action is concerned, wherein plaintiff asserts a private right of action under Public Service Law § 93, the case law clearly provides that a telephone corporation may be liable to its customers only upon a showing of gross…”
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