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CON ED v. JET ASPHALT CORP.

132 A.D.2d 296 (1987)

Consolidated Edison Company of New York, Inc., Respondent, v. Jet Asphalt Corporation, Appellant

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

December 10, 1987

Attorney(s) appearing for the Case

Joseph J. Klem of counsel (Ernest J. Williams, attorney), for respondent.

Ralph Pernick of counsel (Laurence Jeffrey Weingard with him on the brief; Hayt, Hayt & Landau, attorneys), for appellant.

SULLIVAN, J. P., MILONAS, ROSENBERGER and ELLERIN, JJ., concur.

CARRO, J.

Defendant-appellant, Jet Asphalt Corporation, was engaged in the manufacture of asphalt at a facility in Flushing, New York, until 1984. Desirous of cutting fuel costs, defendant's president wrote to plaintiff Consolidated Edison in November 1979, inquiring about conversion to natural gas and requesting an operating cost estimate. Plaintiff failed to respond with a cost estimate, but assured defendant...

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