ALBANY-BINGHAMTON EXPRESS, INC. v. BORDEN, INC.


192 A.D.2d 887 (1993)

596 N.Y.S.2d 577

Albany-Binghamton Express, Inc., Appellant, v. Borden, Inc., Respondent

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

April 22, 1993


Mahoney, J.

Several months after expiration of the parties' contract and full payment by defendant thereunder, plaintiff, a motor carrier, commenced this action against defendant to recover, among other things, $236,604.24 in undercharges which resulted when plaintiff billed defendant for certain transportation services rendered within the State from February 1985 through December 1987 pursuant to a negotiated contract rate which was 45% lower than the...

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