FLESCHNER BROS. v. CONSOL. EDISON CO.


202 Misc. 617 (1950)

Fleschner Bros., Inc., Plaintiff, v. Consolidated Edison Company of New York, Defendant.

Supreme Court, Trial Term, New York County.

June 22, 1950.


Attorney(s) appearing for the Case

Jonas J. Shapiro and Janet Perlman for plaintiff.

Keegan & Clarke for defendant.


BOTEIN, J.

This is an action to recover interest allegedly due on payments to be made on a contract between the parties.

Concededly, an agreed sum of $72,794 was due under the contract on June 7, 1945. In the absence of competing claims to the contract proceeds, this sum, under the terms of the agreement, was to be paid to the plaintiff. However, prior to payment an action was commenced by a corporation...

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