RE CORP. v. NEW YORK ENERGY SAVINGS CORP.

3661, 309938/09.

78 A.D.3d 546 (2010)

911 N.Y.S.2d 54

RE CORP., Appellant, v. NEW YORK ENERGY SAVINGS CORP., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 18, 2010.


Plaintiff claims that the contract it entered into with defendant to purchase gas and electric supplies at specified prices was an adhesion contract because it had unequal bargaining power with defendant who provided a form contract without entering into any negotiations. Inequality of bargaining power alone does not invalidate a contract as one of adhesion when the purchase can be made elsewhere (see Brower v Gateway 2000, 246 A.D.2d 246

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