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PHIPPS HOUSES SERVS., INC. v. NEW YORK-PRESBYTERIAN HOSP.

608, 651161/12.

139 A.D.3d 480 (2016)

32 N.Y.S.3d 85

2016 NY Slip Op 03686

PHIPPS HOUSES SERVICES, INC., Appellant, v. NEW YORK-PRESBYTERIAN HOSPITAL, as Successor to PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK, et al., Respondents.

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

Decided May 10, 2016.

Plaintiff provided property management services to defendants pursuant to two agreements entered into in 1987 and 1991, respectively. Under the agreements, plaintiff hired employees who "engaged in the maintenance and management" of buildings owned by defendants, and defendants were obligated to reimburse plaintiff for all the "actual costs" related to those employees, including fringe benefits. The agreements each contain a survival clause specifying that defendants' reimbursement...

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