NEW YORK STATE DAM LTD. P'SHIP v. NIAGARA MOHAWK POWER CORP.


222 A.D.2d 792 (1995)

634 N.Y.S.2d 830

New York State Dam Limited Partnership, Appellant, v. Niagara Mohawk Power Corporation, Respondent

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

December 7, 1995


Cardona, P. J.

Adirondack Hydro Development Corporation (hereinafter Adirondack) and defendant entered into a power purchase agreement dated November 5, 1985 which required defendant to accept and pay for all of the electricity produced by a hydroelectric facility owned and operated by Adirondack. The agreement was assigned by Adirondack to plaintiff in 1989. At the time the agreement was executed, it was anticipated that the facility would have a seven...

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