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INTER-POWER v. STATE OF NY

230 A.D.2d 405 (1997)

657 N.Y.S.2d 490

Inter-Power of New York, Inc., Respondent, v. State of New York, Appellant

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

May 15, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Michael S. Buskus and Peter H. Schiff of counsel), for appellant.

Chadbourne & Parke, L. L. P., New York City (Thomas J. Hall and Allison Brenner of counsel), for respondent.

CARDONA, P. J., MERCURE, CREW III and CASEY, JJ., concur.

MIKOLL, J.

Claimant is suing the State for damages stemming from an aborted contract it had to sell electricity to Niagara Mohawk Power Corporation (hereinafter NiMo) from a facility it was to build in the Town of Halfmoon, Saratoga County. The contract included a provision that NiMo could terminate the contract if the project was not on line by December 31, 1993. Claimant failed to bring the project on line...

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