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ST. JOHN'S RIVERSIDE HOSP. v. CITY OF YONKERS

2016-01761. Index No. 67577/14.

151 A.D.3d 786 (2017)

2017 NY Slip Op 04488

58 N.Y.S.3d 51

ST. JOHN'S RIVERSIDE HOSPITAL, by UTILISAVE, LLC, Appellant, v. CITY OF YONKERS, Respondent.

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

Decided June 7, 2017.

Ordered that the order is affirmed, with costs.

In 2011, St. John's Riverside Hospital (hereinafter the hospital), retained UtiliSave, LLC (hereinafter UtiliSave), to audit water bills issued by the City of Yonkers to the hospital. As a result of the audit, the hospital discovered that the City had overestimated the hospital's water usage at one of its facilities and billed the hospital in excess of its actual water consumption.

In July 2012, UtiliSave, on...

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