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STILLWATER HYDRO PARTNERS, LP v. STILLWATER HYDRO ASSOC., LLC

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100 A.D.3d 1455 (2012)

953 N.Y.S.2d 541

STILLWATER HYDRO PARTNERS, LP, Appellant, v. STILLWATER HYDRO ASSOCIATES, LLC, Respondent.

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

November 9, 2012.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted, and judgment is granted in favor of plaintiff as follows:

It is adjudged and declared that defendant is not entitled to the use of the escrow funds to pay for the cost of replacing the trash rack cleaner.

Memorandum: Plaintiff appeals from an order denying its motion seeking summary...

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