MESQUITE CR. WIND LLC v. MARS WIND, INC.

Index No. 655535/21 Appeal No. 17355 Case No. 2022-04294.

213 A.D.3d 529 (2023)

183 N.Y.S.3d 409

2023 NY Slip Op 00929

Mesquite Creek Wind LLC, Appellant, v. Mars Wind, Inc., Defendant, and Mars, Inc., Respondent.

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

Decided February 16, 2023.


Attorney(s) appearing for the Case

Willkie Farr & Gallagher LLP, New York ( Elizabeth J. Bower of counsel), for appellant.

Williams & Connolly LLP, New York ( Benjamin W. Graham of counsel), for respondent.

Concur—Renwick, J.P., Oing, Mendez, Rodriguez, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Andrew Borrok, J.), entered August 8, 2022, which, insofar as appealed from, granted defendant Mars, Incorporated's motion to dismiss so much of the third cause of action as is based on a guaranty of the production and basis risk mitigation agreement (risk mitigation agreement), unanimously affirmed, with costs.

In April 2014, plaintiff and defendant Mars Wind, Inc. entered into a power purchase agreement, under which Mars Wind...

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