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MARTINEZ v. AGWAY ENERGY SERVICES, LLC

Docket No. 22-1026 August Term, 2022.

88 F.4th 401 (2023)

Antonio MARTINEZ, in his capacity as executor of the estate of Naomi Gonzales, Plaintiff-Appellant, v. AGWAY ENERGY SERVICES, LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 13, 2023.

Attorney(s) appearing for the Case

D. Gregory Blankinship ( Todd S. Garber , Bradley F. Silverman , on the brief), Finkelstein, Blankinship, Frei-Pearson & Garber, LLP, White Plains, New York, for Plaintiff-Appellant.

John D. Coyle , Coyle Law Group LLP, Morristown, NJ, for Defendant-Appellee.

Before: Carney, Bianco, and Menashi, Circuit Judges.

In February 2016, Naomi Gonzales entered into an electricity supply contract with Defendant-Appellee Agway Energy Services, LLC ("Agway"), an energy supply company incorporated in Delaware and selling electricity to residential and other customers in New York and Pennsylvania. Under its agreement with Gonzales ("the Agreement...

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