CHENANGO SHOPPING CTR., INC. v. HICKEY


35 A.D.2d 881 (1970)

Chenango Shopping Center, Inc., Appellant, v. Harold T. Hickey et al., Respondents

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

November 23, 1970


The complaint alleged that the defendants tenants should pay "water charges" in accordance with the reading and measuring of a "meter" being installed by the plaintiff which concededly was not installed for some five years. The cause of action seeks to recover damages for the intervening period. The defendants in their answer alleged that they should not be liable for "all water charges". The pleadings and the affidavits raise sufficient doubt as to the existence of triable...

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