Legal Opinion
Erie Boulevard Hydropower v. State
New York Court of Claims
Decided May 16, 2012No. Claim No. 117565Published
1Opinion of the Court
*320OPINION OF THE COURT
Francis T. Collins, J.
Claimant, Erie Boulevard Hydropower, L.E (Erie), moves pursuant to CFLR 3212 for partial summary judgment on the issue of defendants’ liability for breach of a 1921 agreement governing the release of water from the Hinckley Reservoir for use in its hydroelectric facilities. Defendants1 cross-move for summary judgment dismissing the claim.
The 1921 agreement at issue resolved claims by Utica Gas & Electric Company (Utica), Erie’s predecessor in interest, against the State arising from its appropriation of certain lands and riparian rights owned by Utica…
2Cases cited20 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
- Beal Savings Bank v. SommerNew York Court of Appeals · 2007
- South Road Associates, LLC v. International Business Machines Corp.New York Court of Appeals · 2005
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