New York State Electric & Gas Corp. v. Westinghouse Electric Corp.

BECK, Judge:

This case arises out of a dispute between plaintiff-appellant New York State Electric & Gas Corporation (“NY-SEG”) and defendant-appellee Westinghouse Electric Corporation (“Westinghouse”) concerning alleged defects in a turbine generator designed, manufactured and supplied by Westinghouse to NYSEG for installation in NYSEG’s Homer City Electric Generating Station.1 The trial court granted summary judgment in favor of Westinghouse on alternative grounds; first, that the parties’ contracts barred recovery by NYSEG on any of the theories pleaded, and second, that NYSEG’s tort causes…