GMMM WESTOVER LLC v. NEW YORK STATE ELECTRIC AND GAS CORP.

524599.

155 A.D.3d 1176 (2017)

63 N.Y.S.3d 754

2017 NY Slip Op 07673

GMMM WESTOVER LLC, Respondent, v. NEW YORK STATE ELECTRIC AND GAS CORPORATION, Appellant.

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

Decided November 2, 2017.


Defendant is a public utility corporation that provides gas and electric services within New York. Defendant previously owned and operated several power generating facilities throughout the state, including, as relevant here, the Westover Plant,1 located in the Village of Johnson City, Broome County. As...

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