INTER-POWER v. NIAGARA MOHAWK


213 A.D.2d 110 (1995)

630 N.Y.S.2d 584

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

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

July 27, 1995


Attorney(s) appearing for the Case

Chadbourne & Parke, New York City (Thomas J. Hall and Robert S. Pruyne of counsel), and Arkin, Schaffer & Supino, New York City (Stanley S. Arkin, Hyman L. Schaffer, Joseph Lee Matalon and David J. Kekst of counsel), for appellant.

Kevin P. Glasheen, Albany, and Swidler & Berlin, Washington, D.C. (John R. Ferguson, Timothy A. Nagu, William J. Mertens and Don W. Blevins of counsel), for Niagara Mohawk Power Corporation, respondent.

MERCURE, J. P., CASEY, YESAWICH JR. and SPAIN, JJ., concur.


CREW III, J.

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 facility be...

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