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McNALLY WELLMAN CO. v. NEW YORK ELEC. & GAS CORP.

No. 1650. Docket 94-9273.

63 F.3d 1188 (1995)

McNALLY WELLMAN COMPANY, A DIVISION OF BOLIDEN ALLIS, INC., Plaintiff-Counter-Defendant-Appellee, v. NEW YORK STATE ELECTRIC & GAS CORPORATION, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 18, 1995.

Attorney(s) appearing for the Case

Michael Guararra, New York City (Huber Lawrence & Abell, of counsel), for defendant-counter-claimant-appellant.

John R. Dingess, Pittsburgh, PA (Kirkpatrick & Lockhart, of counsel), for plaintiff-counter-defendant-appellee.

Before: MESKILL, McLAUGHLIN and LAY, Circuit Judges.

MESKILL, Circuit Judge:

This case requires us to construe a contract clause excluding incidental and consequential damages under New York law. McNally Wellman Company, a division of Boliden Allis, Inc. (McNally), brought this diversity action to recover on a construction contract between its predecessor, Dravo Corporation,1 and New York State Electric & Gas Company (NYSEG), for the sale of six spillway gates and other equipment for...

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