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TOWN OF HUNTINGTON v. LONG ISLAND POWER AUTHORITY

2013-06863

130 A.D.3d 1013 (2015)

12 N.Y.S.3d 912

2015 NY Slip Op 06332

TOWN OF HUNTINGTON, Respondent, v. LONG ISLAND POWER AUTHORITY et al., Appellants, et al., Defendants.

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

Decided July 29, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

In June 1997, the defendant Long Island Lighting Company (hereinafter LILCO) entered into a "Power Supply Agreement" (hereinafter the PSA) with the defendant Long Island Power Authority (hereinafter LIPA), whereby LILCO agreed to sell and deliver to LIPA the energy produced from its power generating facilities in Nassau and Suffolk Counties, including certain facilities located in the plaintiff...

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