Long Island Power Authority v. Anderson

OPINION OF THE COURT

Ira B. Warshawsky, J.

Plaintiff Long Island Power Authority (LIPA) moves pursuant to CPLR 3212 for an order granting summary judgment in its action against defendants seeking a declaratory judgment. The action was commenced on August 24, 2007, and the motion was made on February 25, 2008, without engaging in discovery. Predicated on the uncontested facts advanced by plaintiff, and the failure of defendants to identify an argument requiring discovery, the issue is deemed sufficiently ripe for decision.

Plaintiff seeks a declaratory judgment exempting LIPA from the imposition…