ASTORIA GENERATING CO., LP v. RILEY POWER, INC.

2017-06612, Index No. 702521/14.

179 A.D.3d 987 (2020)

114 N.Y.S.3d 673

2020 NY Slip Op 00560

Astoria Generating Company, LP, Respondent, v. Riley Power, Inc., Appellant, et al., Defendant.

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

Decided January 29, 2020.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Riley Power, Inc., which was for summary judgment dismissing the claim for consequential damages insofar as asserted against it is granted.

In March 2007, the plaintiff, Astoria Generating Company, LP (hereinafter Astoria), the owner and operator of a power station, entered into a contract...

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