STAHL EQUITIES v. PRUDENTIAL


95 A.D.2d 222 (1983)

Stahl Equities Corp., Appellant, v. Prudential Building Maintenance Corp., Respondent

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

August 4, 1983


Attorney(s) appearing for the Case

Ralph L. Ellis of counsel (Milton S. Gould, Fran M. Jacobs and Kenneth S. Grossman with him on the brief; Shea & Gould, attorneys), for appellant.

Jay G. Strum of counsel (Mark C. Zauderer and David N. Ellenhorn with him on the brief; Kaye, Scholer, Fierman, Hays & Handler and Stein, Zauderer, Ellenhorn, Friedman & Kaplan, attorneys), for respondent.

SANDLER and ALEXANDER, JJ., concur with ASCH, J.; KUPFERMAN, J. P., dissents in part in an opinion; ROSS, J., dissents in a separate opinion.


ASCH, J.

Plaintiff is the owner and landlord of the 1.5 million square feet office building at 277 Park Avenue. Defendant provided plaintiff with cleaning services for said building and billed for the period from January 1, 1965 until late 1973. At that time defendant terminated its contract. This action was instituted on November 5, 1973, plaintiff alleging that it had been overcharged for the period between...

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