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REVLON CONSUMER PRODS. CORP. v. ARNOW

238 A.D.2d 223 (1997)

657 N.Y.S.2d 9

Revlon Consumer Products Corporation, Appellant, v. Robert H. Arnow et al., Respondents

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

April 22, 1997

The cause of action for breach of contract alleges that defendants breached section 6 (b) of the June 30, 1988 settlement agreement by intentionally misrepresenting that their cost of electricity was $104,643.12, and by subsequently billing plaintiff for electric charges without regard to their cost of electricity. As the motion court correctly determined, because section 6 (b), which states that the initial electric charge of $104,643.12 was based on "electricity rates and...

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