SEVENSON ENVTL. SERVS., INC. v. MANHATTAN TELECOM. CORP.

8985, 652331/17.

171 A.D.3d 517 (2019)

98 N.Y.S.3d 564

2019 NY Slip Op 02797

Sevenson Environmental Services, Inc., Appellant, v. Manhattan Telecommunications Corp., Doing Business as Met-Tel, Respondent.

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

Decided April 11, 2019.


At issue in this case are two sentences of a tariff addressing recovery for objections to overcharges in the defendant's billings to plaintiff. The tariff at section 2.4.3 states: "If objection is not received by the Company [defendant] within three months after the bill is rendered, the items and charges appearing thereon shall be determined to be correct and binding upon the customer. A bill will not be deemed correct and binding upon the customer if the Company has records...

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