NAT. UTIL. SERVS. v. THATCHER GLASS


30 A.D.2d 168 (1968)

National Utility Service, Inc., Appellant, v. Thatcher Glass Manufacturing Company, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 18, 1968.


Attorney(s) appearing for the Case

John M. Foley of counsel (Foley, Hickey, Gilbert & Currie, attorneys), for appellant.

David P. Bicks of counsel (Ronald D. Jones with him on the brief; LeBoeuf, Lamb, Leiby & MacRae, attorneys), for respondent.

TILZER and McGIVERN, JJ., concur with McNALLY, J.; RABIN, J., dissents in opinion, in which STEUER, J. P., concurs.


McNALLY, J.

This is an appeal from an order denying appellant's motion for summary judgment on the second of three causes of action set forth in the complaint.

The second cause of action is in contract to recover 50% of overcharges in billings to defendant for electric power for the period October to December, 1963. In addition, plaintiff seeks 50% of the projected savings of $100,000 by reason of the...

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