PROJECT ORANGE v. GEN. ELEC.


23 Misc.3d 764 (2009)

872 N.Y.S.2d 857

PROJECT ORANGE ASSOCIATES, LLC, Plaintiff, v. GENERAL ELECTRIC INTERNATIONAL, INC., Defendant.

Supreme Court, New York County.

Decided January 30, 2009.


Attorney(s) appearing for the Case

Law Offices of Thomas P. Puccio, New York City (Thomas P. Puccio of counsel), and Davis & Gilbert LLP, New York City (Paul F. Corcoran of counsel), for plaintiff.

Ward Norris Heller & Reidy LLP, Rochester (Thomas E. Reidy and Jeffrey J. Harradine of counsel), for defendant.


OPINION OF THE COURT

BERNARD J. FRIED, J.

This is an application under CPLR 7502 for an injunction in aid of arbitration. Plaintiff, Project Orange Associates, LLC (POA), seeks an order that would require defendant, General Electric International, Inc. (GEII), to continue performing its obligations under the parties' Cogeneration Facility Operation and Maintenance Agreement (the Agreement), until the resolution of arbitration proceedings initiated by GEII...

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