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TRYSTATE MECHANICAL, INC. v. MACY'S RETAIL HOLDINGS, INC.

2010-10617.

94 A.D.3d 1095 (2012)

943 N.Y.S.2d 158

2012 NY Slip Op 3174

TRYSTATE MECHANICAL, INC., Appellant, v. MACY'S RETAIL HOLDINGS, INC., Respondent.

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

Decided April 24, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

Nonparty Chapeau, Inc., which is a Utah corporation doing business as BluePoint Energy, Inc. (hereinafter Chapeau), was in the business of providing electrical power and thermal energy through cogeneration systems that it constructed, owned, and operated at the customer's site (hereinafter the Cogen System). In July 2006 Chapeau entered into a "Discount Energy Purchase Agreement" (hereinafter...

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