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POZAMENT CORPORATION v. AES WESTOVER, LLC

51 A.D.3d 1080 (2008)

857 N.Y.S.2d 766

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

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

Decided May 1, 2008.

Malone Jr., J.

On July 1, 2000, the parties entered into a contract under which defendant agreed to provide plaintiff with coal fly ash produced at its steam generating station in the Village of Johnson City, Broome County through December 31, 2004. Defendant provided plaintiff with coal fly ash on various dates between September 27, 2000 and November 20, 2000, but failed to do so thereafter. Plaintiff commenced this breach of contract action as a result. Following...

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