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LOUIS FOOD SERVICE CORPORATION v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK

2009-10013

76 A.D.3d 956 (2010)

908 N.Y.S.2d 235

LOUIS FOOD SERVICE CORPORATION, Respondent, v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 14, 2010.

Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion which were to dismiss so much of the first cause of action as sought to recover damages for services rendered prior to July 1, 2005, and based on 2% prompt payment discounts imposed by the defendant prior to July 20, 2005, and substituting therefor a provision granting those branches of the motion; as so modified...

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