Legal Opinion

Prime Energy Solutions, Inc. v. State

New York Court of Claims

Decided June 12, 2008No. Claim No. 114736PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Francis T. Collins, J.

*751Defendant moves for dismissal of this claim pursuant to CPLR 3211 alleging the court lacks subject matter jurisdiction, the claim is barred by the doctrines of collateral estoppel or res judicata and that the claim or parts thereof are untimely.

Claimant, Prime Energy Solutions, Inc., alleges that the defendant “State of New York, doing business as the New York State Energy Research and Development Authority” (hereinafter NYSERDA or the Authority) breached its agreement with the claimant for the payment of monetary incentives relating to the…

2Cases cited15 opinions

  1. Morell v. BalasubramanianNew York Court of Appeals · 1987
  2. Plumbing, Heating, Piping & Air Conditioning Contractors Ass'n v. New York State Thruway AuthorityNew York Court of Appeals · 1959
  3. Pantess v. Saratoga Springs AuthorityAppellate Division of the Supreme Court of the State of New York · 1938
  4. Santana v. New York State Thruway AuthorityNew York Court of Claims · 1977
  5. Levy v. City Commission on Human RightsNew York Court of Appeals · 1995

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3Cited by1 opinion

  1. Erie Boulevard Hydropower, LP v. StateAppellate Division of the Supreme Court of the State of New York · 2011

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