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POZAMENT CORPORATION v. AES WESTOVER

27 A.D.3d 1000 (2006)

812 N.Y.S.2d 154

POZAMENT CORPORATION, Respondent, v. AES WESTOVER, LLC, Appellant.

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

March 23, 2006.

Rose, J.

This action concerns the interpretation of a written agreement governing plaintiff's right to make use of defendant's coal fly ash, a waste byproduct produced by defendant's coal-burning power plant. Plaintiff alleges that defendant breached the agreement by ultimately preventing plaintiff from taking the fly ash. After denying defendant's prior two motions for summary judgment due to omissions in the moving papers (see CPLR 3212

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