ADVANCED REFRACTORY v. PASNY


81 N.Y.2d 670 (1993)

623 N.E.2d 6

603 N.Y.S.2d 285

Advanced Refractory Technologies, Inc., et al., Appellants, Michael C. O'Laughlin, Plaintiff, v. Power Authority of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 12, 1993.


Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo (Victor T. Fuzak, Richard F. Campbell and Kevin M. Kearney of counsel), and Douglas J. Crowley, Corporation Counsel of Niagara Falls (Thomas M. O'Donnell of counsel), for appellants.

Arthur T. Cambouris, Charles M. Pratt, Sarah J. Berger, Ann M. Quigley and Michael A. Oxman, New York City, for respondent.

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


SMITH, J.

The primary issue on this appeal is whether 16 USC § 836 (the Niagara Redevelopment Act) and the contracts entered into pursuant to that act, as well as Public Authorities Law § 1005 (5), require the Power Authority of the State of New York (PASNY) to sell 445,000 kilowatts of replacement power produced by the Niagara Project at the cost of producing that power. We hold that nothing in the...

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