INTER-POWER OF NEW YORK, INC. v. NIAGARA MOHAWK POWER CORP.


208 A.D.2d 1073 (1994)

617 N.Y.S.2d 562

Inter-Power of New York, Inc., Appellant-Respondent, v. Niagara Mohawk Power Corporation et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 20, 1994


Crew III, J. P.

This action arises out of a power sales contract entered into between plaintiff and defendant Niagara Mohawk Power Corporation on or about February 16, 1988, under the terms of which Niagara Mohawk agreed to purchase power generated by a plant to be constructed by plaintiff in the Town of Halfmoon, Saratoga County. Insofar as is relevant to this appeal, the contract required that the proposed facility be operational by December 31, 1993...

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