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PANWEST NCA2 HOLDINGS LLC v. ROCKLAND NCA2 HOLDINGS, LLC

Index No. 653890/20. Appeal No. 15978. Case No. 2022-00664.

205 A.D.3d 551 (2022)

166 N.Y.S.3d 534

2022 NY Slip Op 03328

Panwest NCA2 Holdings LLC, Respondent, v. Rockland NCA2 Holdings, LLC, Appellant.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Kent, Beatty & Gordon, LLP, New York ( Joshua B. Katz of counsel), for appellant.

Foley & Lardner LLP, New York ( Jonathan H. Friedman of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Friedman, Shulman, JJ.

In this action arising out of an agreement to purchase and sell a power plant, plaintiff sufficiently alleged the damages element of its claim for breach of contract with respect to the non-annual maintenance (NAM) costs (see Tenzer, Greenblatt, Fallon & Kaplan v Ellenberg, 199 A.D.2d 45, 45 [1st Dept 1993]). The motion court also correctly concluded that there are sufficient allegations that defendant breached section 6.1 of...

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