RTC PROPERTIES, INC. v. BIO RESOURCES, LTD.


295 A.D.2d 285 (2002)

744 N.Y.S.2d 173

RTC PROPERTIES, INC., Doing Business as RIVER TERMINAL DEVELOPMENT COMPANY, Appellant, v. BIO RESOURCES, LTD., et al., Respondents. RTC PROPERTIES, INC., Doing Business as RIVER TERMINAL DEVELOPMENT COMPANY, Respondent, v. BIO RESOURCES, LTD., Appellant.

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

Decided June 27, 2002.


Plaintiff's causes of action based on an oral joint venture agreement to develop and operate a power plant on land owned by plaintiff and, pursuant to a power purchase agreement entered into between defendant Bio Resources and Con Edison, to sell electric power to the latter over a 30-year period, were correctly dismissed by the first order on the ground that the alleged joint venture agreement is incapable of performance within...

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