Windstream KDL Seeks Reimbursement Of Excess Payments Allegedly Made to CMN
October 22, 2021, Southern District of New York – Plaintiff Windstream KDL, LLC for the estate of Debtor Windstream Finance Corp, et al recently sued CMN-RUS, Inc. (“CMN”) to seek reimbursement of excess payments allegedly made by Windstream KDL, LLC (“Windstream KDL”) to CMN.
The complaint alleges that before filing the bankruptcy petition, Windstream KDL and CMN entered into several contractual agreements for services that included the provision of rack space and power to each party’s benefit. The complaint further argues that despite these contractual agreements, CMN “overcharged Windstream KDL” $1,008,687.32 for the provision of rack space in Evansville that should have been provided “without charge, per the agreements”.. Plaintiff also contends that CMN further refused to issue a refund for Windstream KDL’s inadvertent overpayment” of $896,703.32 despite being “unjustly enriched by funds CMN did not earn”.
Accordingly, Plaintiff sought a declaration that Windstream is entitled to licenses to 15 racks free of charge in CMN’s Evansville facility and that CMN “invalidly charged” $1,008,687.32 for excess of rack space.