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NEW YORK STATE ELEC. & GAS CORP. v. STATE

218 A.D.2d 868 (1995)

630 N.Y.S.2d 412

New York State Electric & Gas Corporation, Appellant, v. State of New York, Respondent

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

August 3, 1995

Mikoll, J. P.

Claimant, an electric and gas corporation, operates a hydroelectric power plant at Dam C-3 (hereinafter the dam),* a dam and lock structure owned by the State. The dam is located on the Hudson River at the Town of Stillwater in Saratoga County. In 1922 claimant's predecessor in interest and the State executed an agreement whereby, inter alia, the State agreed...

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