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PHIPPS HOUSES SERVICES, INC., plf-ap, v. NEW YORK PRESBYTERIAN HOSPITAL, ETC. def-res

608. PHIPPS HOUSES SERVICES, INC., plf-ap, v. NEW YORK PRESBYTERIAN HOSPITAL, ETC. def-res — Phipps Houses, New York (James Robert Pigott, Jr. of counsel), for ap — Epstein Becker & Green, P.C., New York (John Houston Pope of counsel), for res — Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered April 14, 2015, which, to the extent appealed from, granted defendants' motion for summary judgment dismissing the complaint and on their conversion counterclaim to the extent of monies transferred by plaintiff to a BNY Mellon account, and denied plaintiff's motion for summary judgment as to liability, modified, on the law, to the extent of deny defendants' motion, and otherwise affirmed, without costs.

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608. PHIPPS HOUSES SERVICES, INC., plf-ap, v. NEW YORK PRESBYTERIAN HOSPITAL, ETC. def-res — Phipps Houses, New York (James Robert Pigott, Jr. of counsel), for ap — Epstein Becker & Green, P.C., New York (John Houston Pope of counsel), for res — Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered April 14, 2015, which, to the extent appealed from, granted defendants’ motion for summary judgment dismissing the complaint and on their conversion counterclaim to the extent of monies transferred by plaintiff to a BNY Mellon account, and denied plaintiff’s motion for summary judgment as to liability, modified, on the law, to the extent of deny defendants’ motion, and otherwise affirmed, without costs.

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 obligation survived termination of the agreement.

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