Consolidated Electric Meter Co. v. Picacolony Grocery Corp.

—Order, Supreme Court, New York County (Wolin, J.), entered on October 25, 1982, denying the plaintiff’s motion for an order directing interim payments by the defendants and denying defendant Phinart Leasing, Inc.’s cross motion for summary judgment is unanimously modified, on the law, to grant plaintiff partial summary judgment for damages incurred to the date of the determination upon the assessment ordered herein, and is remanded for assessment of damages and is otherwise affirmed, with costs. *753Plaintiff, an electric submetering company, buys electricity from Consolidated Edison at a Public…