New York State Electric & Gas Corp. v. State

—Mikoll, J. P.

Appeal from an order of the Court of Claims (Benza, J.), entered June 10, 1994, which, inter alia, granted the State’s cross motion for summary judgment dismissing the claim.

Claimant, an electric and gas corporation, operates a *869hydroelectric power plant at Dam C-3 (hereinafter the dam),* a dam and lock structure owned by the State. The dam is located on the Hudson River at the Town of Stillwater in Saratoga County. In 1922 claimant’s predecessor in interest and the State executed an agreement whereby, inter alia, the State agreed that the Department of Transportation would…