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KIAMESHA ARTESIAN SPRING WATER COMPANY, INC. v. CONCORD ASSOCIATES, L.P.

3 A.D.3d 683 (2004)

770 N.Y.S.2d 483

KIAMESHA ARTESIAN SPRING WATER COMPANY, INC., Respondent, v. CONCORD ASSOCIATES, L.P., Appellant.

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

January 15, 2004.

Mugglin, J.

In a related proceeding, we affirmed the Public Service Commission's determination of rates to be charged for water and fire protection furnished by plaintiff to defendant (Matter of Concord Assoc. v Public Serv. Commn. of State of N.Y., 301 A.D.2d 828 [2003]). In this action by plaintiff to collect the unpaid portion of its invoices, defendant moved for summary judgment asserting that Public Service Law §...

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