A. R. FUELS, INC. v. CITY OF NEW YORK


93 A.D.2d 757 (1983)

A. R. Fuels, Inc., Respondent-Appellant, v. City of New York, Appellant-Respondent

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

April 19, 1983


We all agree that plaintiff was entitled to restitution measured by the difference between the contract price and the market price, with respect to oil deliveries which it was judicially enjoined to make to the city between August 27, 1979 and February 29, 1980. Of 3,364,893 gallons delivered only 464,550 gallons were paid at market price, as billed. The balance, also billed at market price, was paid at contract price. Ultimately plaintiff was vindicated in its position that...

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