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BROOKLYN NAVY YARD COGENERATION PARTNERS, L.P. v. PMNC

277 A.D.2d 271 (2000)

716 N.Y.S.2d 64

BROOKLYN NAVY YARD COGENERATION PARTNERS, L.P., Appellant, v. PMNC et al., Respondents, and MISSION ENERGY NEW YORK, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided November 13, 2000.

Ordered that the order dated July 27, 1999, is modified by (1) deleting the provision thereof denying that branch of the motion which was for partial summary judgment dismissing the defendants' first and fourth affirmative defenses and second counterclaim, and substituting therefor a provision granting that branch of the motion, and (2) deleting the provision thereof, in effect, denying that branch of the motion which was for partial...

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