Hunt v. Suburban Propane Gas Corp.

Appeal from an order of the Supreme Court (Cardona, J.), entered March 30, 1992 in Albany County, which, inter alia, denied plaintiffs cross motion for summary judgment.

As the trustee in bankruptcy for Ritter Transportation, Inc., plaintiff commenced this action to recover undercharges which allegedly resulted when Ritter billed defendant for certain transportation services rendered in New York at a negotiated rate which was lower than the rate contained in the tariffs filed with the State Department of Transportation (hereinafter DOT) and/or the Interstate Commerce Commission. Defendant’s…