ENVIRONMENTAL PRODUCTS & SERVICES, INC. v. CONSOLIDATED RAIL CORPORATION


285 A.D.2d 700 (2001)

728 N.Y.S.2d 256

ENVIRONMENTAL PRODUCTS & SERVICES, INC., Respondent-Appellant, v. CONSOLIDATED RAIL CORPORATION, Appellant-Respondent.

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

Decided July 5, 2001.


Mugglin, J.

In 1996, plaintiff and defendant entered into a contract under which plaintiff was to provide emergency and nonemergency cleanup services for defendant. Pursuant to this contract, plaintiff performed emergency operations in 1997 to clean up a sulfuric acid spill and submitted a series of invoices totaling more than $300,000, on which defendant made only partial payment, leaving a balance due of $80,854. Plaintiff then commenced this action to recover the...

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