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FROHLICH v. SANS SOUCI

109 Misc.2d 974 (1981)

Frohlich & Newell Foods, Inc., Plaintiff, v. New Sans Souci Nursing Home, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

June 26, 1981

Attorney(s) appearing for the Case

Joseph Klotz for plaintiff. Mallow & Konstam (Abe H. Konstam of counsel), for defendant.

MARA T. THORPE, J.

In this action, the plaintiff, a wholesale supplier of food to more than 20 nursing homes, seeks to recover $2,211.55, an amount representing the value of some food sold and delivered to the nursing home owned by the defendants between March, 1974 and March, 1977, for which the plaintiff was never paid. The defendants concede that they owe the plaintiff the sum sought, but counterclaim for $6,475 which the plaintiff overbilled the defendants...

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