Pozament Corp. v. AES Westover, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Lebous, J.), entered January 26, 2005 in Broome County, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint.
This action concerns the interpretation of a written agreement governing plaintiffs right to make use of defendant’s coed fly ash, a waste byproduct produced by defendant’s coal-burning power plant. Plaintiff alleges that defendant breached the agreement by ultimately preventing plaintiff from taking the fly ash. After denying defendant’s prior two motions for summary judgment due to omissions in the…
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