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SYLVAN LAWRENCE COMPANY, INC. v. DOWNTOWN/MIDTOWN PROPERTIES LLC

9 A.D.3d 257 (2004)

779 N.Y.S.2d 780

SYLVAN LAWRENCE COMPANY, INC., Plaintiff, v. DOWNTOWN/MIDTOWN PROPERTIES LLC et al., Defendants and Third-Party Plaintiffs-Respondents. NINETY-FIVE WALL STREET COMPANY et al., Third-Party Defendants-Appellants.

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

July 1, 2004.

The Referee's report did not exceed the scope of his reference. He clearly defined the issues, and his findings are supported in the record (Nager v Panadis, 238 A.D.2d 135 [1997]). Specifically, the court properly confirmed the Referee's conclusion that "usual and customary" charges for consumption of electricity had no relationship to charges for taxes and maintenance normally found in an "EDF agreement" with Con Edison. Partial...

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