A. R. Fuels, Inc. v. City of New York

—Judgment, Supreme Court, New York County (McCabe, J.), entered June 7,1982, awarding plaintiff the sum of $367,837.33 in restitution, with interest at 3% from November 29, 1979 modified, on the law, without costs or disbursements, to remand for a reassessment of the market price of No. 2D oil, and, except as thus modified, affirmed. We all agree that plaintiff was entitled to restitution measured by the difference between the contract price and the market price, with respect to oil deliveries which it was judicially enjoined to make to the city between August 27,1979 and February 29,1980. Of…