Advanced Refractory Technologies, Inc. v. Power Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Plaintiffs, industrial users of replacement power generated by respondent Power Authority of the State of New York (PASNY) and the City of Niagara Falls, alleged *1032that PASNY breached certain contracts (referred to as the Niagara Contract NS-1, the 1982 Settlement Agreement, and the 1988 Settlement Agreement) by fixing new rates in excess of cost. The first four causes of action should be dismissed insofar as they allege a breach of contract. Although the Niagara Contract…
2Cases cited6 opinions
- Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
- Press v. County of MonroeNew York Court of Appeals · 1980
- Bradford Central School District v. AmbachNew York Court of Appeals · 1982
- International Paper Co. v. Sterling Forest Pollution Control Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Allied Sanitation, Inc. v. AponteAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by3 opinions
- Higgins v. Village of Orchard ParkAppellate Division of the Supreme Court of the State of New York · 2000
- Occidental Chemical Corp. v. Power AuthorityDistrict Court, W.D. New York · 1992
- Morgan v. StateAppellate Division of the Supreme Court of the State of New York · 2004