Wallace Industries, Inc. v. Salt City Energy Venture

Peters, J. Appeal *544from an order of the Supreme Court (Rumsey, J.), entered June 1, 1995 in Tompkins County, which, inter alia, granted defendant’s motion to dismiss the complaint for, inter alia, failure to state a cause of action.

Pursuant to a contract entered on February 26, 1991, plaintiff1 agreed to transport and dispose of ash produced at a cogeneration facility owned by defendant. Pursuant thereto, defendant agreed to weigh and load its ash onto railcars provided by plaintiff and pay a fixed rate per ton for all ash removed.2 The contract had an initial term of three years and was…