HUNT v. SUBURBAN PROPANE GAS CORP.


191 A.D.2d 781 (1993)

594 N.Y.S.2d 378

William J. Hunt, as Trustee in Bankruptcy for Ritter Transportation, Inc., Appellant, v. Suburban Propane Gas Corporation, Respondent

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

March 4, 1993


Casey, J.

As the trustee in bankruptcy for Ritter Transportation, Inc., plaintiff commenced this action to recover undercharges which allegedly resulted when Ritter billed defendant for certain transportation services rendered in New York at a negotiated rate which was lower than the rate contained in the tariffs filed with the State Department of Transportation (hereinafter DOT) and/or the Interstate Commerce Commission. Defendant's answer included as...

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