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ERIE BLVD. HYDROPOWER, LP v. STATE OF NY

117565.

37 Misc.3d 319 (2012)

948 N.Y.S.2d 874

2012 NY Slip Op 22157

ERIE BOULEVARD HYDROPOWER, L.P., Claimant, v. STATE OF NEW YORK et al., Defendants. (Claim No. 117565.)

Court of Claims.

Decided May 16, 2012.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP ( Douglas J. Nash and John M. Nichols of counsel), for claimant.

Eric T. Schneiderman , Attorney General ( Timothy P. Mulvey of counsel), for defendants.

OPINION OF THE COURT

FRANCIS T. COLLINS, J.

Claimant, Erie Boulevard Hydropower, L.P. (Erie), moves pursuant to CPLR 3212 for partial summary judgment on the issue of defendants' liability for breach of a 1921 agreement governing the release of water from the Hinckley Reservoir for use in its hydroelectric facilities. Defendants1 cross-move for summary judgment dismissing the...

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