BLT STEAK LLC v. LIBERTY POWER CORP., LLC

9228, 151293/13.

172 A.D.3d 458 (2019)

100 N.Y.S.3d 15

2019 NY Slip Op 03540

BLT Steak LLC et al., Respondents, v. Liberty Power Corp., LLC, Doing Business as Liberty Power New York et al., Appellants.

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

Decided May 7, 2019.


Plaintiff restaurant companies seek to recover damages resulting from defendant power suppliers' overcharging them for the supply of electricity. The relevant accounts were first opened with defendants in 2005 by nonparty ETA Restaurants Inc., a then affiliate of plaintiffs, for the supply of electricity for a 24-month term. After that initial term expired, the accounts, whose bills were paid by plaintiffs, were charged a variable rate set by defendants on a month-to-month...

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