Ordered that the order is affirmed insofar as appealed from, with costs.
In December 2006 nonparty Chapeau, Inc. (hereinafter Chapeau), entered into a "Discount Energy Purchase Agreement" (hereinafter the DEPA) with a predecessor-in-interest to the defendant, Macy's Retail Holdings, Inc. (hereinafter Macy's), to provide electrical power and thermal energy through a cogeneration system that Chapeau would construct, own, and operate (hereinafter the Cogen System) at...
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