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ALLIED CHEM v. NIAGARA MOHAWK

72 N.Y.2d 271 (1988)

Allied Chemical, an Operating Unit of Allied Corporation, Appellant, v. Niagara Mohawk Power Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided July 7, 1988.

Attorney(s) appearing for the Case

Paul A. Feigenbaum, Algird F. White, Jr., and Lawrence H. Cooke for appellant.

Leon A. Allen, Jr., Gary J. Lavine, Cathleen A. McNulty and Bert H. Ware for Niagara Mohawk Power Corporation, respondent.

Marilyn Mann Faulkner and Robert A. Simpson for Public Service Commission of the State of New York, respondent.

Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur; Judge HANCOCK, JR., taking no part.

Chief Judge WACHTLER.

In this contract action plaintiff, Allied Chemical, alleges that defendant, Niagara Mohawk Power Corporation (NIMO), has not fully paid for electricity it agreed to purchase from plaintiff. The dispositive issue in this dispute, however, unlike Staatsburg Water Co. v Staatsburg Fire Dist. (72 N.Y.2d 147 [decided today]), was fully, fairly and conclusively...

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