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


207 A.D.2d 617 (1994)

615 N.Y.S.2d 529

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

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

August 4, 1994


Crew III, J.

Plaintiff has sued defendant Niagara Mohawk Power Corporation for breach of a power sales contract under which Niagara Mohawk agreed to purchase power generated by a plant to be constructed by plaintiff. Niagara Mohawk allegedly renounced the contract on the ground that plaintiff was not going to be able to meet the in-service deadline imposed therein. The gravamen of the complaint is that Niagara Mohawk waived or was estopped from insisting...

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