New York State Dam Ltd. Partnership v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P. J.
Appeals (1) from an order of the Supreme Court (Dier, J.), entered June 10, 1994 in Warren County, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, and (2) from an order of said court, entered December 9, 1994 in Warren County, which denied plaintiffs motion for reconsideration.
Adirondack Hydro Development Corporation (hereinafter Adirondack) and defendant entered into a power purchase agreement dated November 5, 1985 which required defendant to accept and pay for all of the electricity produced by a hydroelectric facility owned and operated by…
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