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HYDRO INVESTORS, INC. v. TRAFALGAR POWER, INC.

6 A.D.3d 882 (2004)

775 N.Y.S.2d 402

HYDRO INVESTORS, INC., Respondent-Appellant, v. TRAFALGAR POWER, INC., et al., Appellants-Respondents.

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

April 15, 2004.

Cardona, P.J.

In 1985, plaintiff and defendant Trafalgar Power, Inc. (hereinafter TPI) executed a written agreement (hereinafter the 1985 Agreement) to jointly develop hydroelectric projects in the Adirondack region of upstate New York. Under the terms of the 1985 Agreement, plaintiff would provide engineering expertise to develop the projects and TPI would provide capital financing. The 1985 Agreement further contemplated that the parties would create a separate...

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