Advanced Refractory Technologies, Inc. v. Power Authority of State of New York

Decision Date09 July 1991
Citation78 N.Y.2d 949,573 N.Y.S.2d 642
Parties, 578 N.E.2d 440 ADVANCED REFRACTORY TECHNOLOGIES, INC., et al., Appellants, and City of Niagara Falls, Plaintiffs, v. POWER AUTHORITY OF THE STATE OF NEW YORK, Respondent.
CourtNew York Court of Appeals Court of Appeals

Reported below: 171 A.D.2d 1031, 568 N.Y.S.2d 986.

Motion by plaintiff O'Laughlin for leave to appeal denied; motion for leave to appeal otherwise dismissed upon the ground that as to the other moving plaintiffs the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

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2 cases
  • Occidental Chemical Corp. v. Power Authority
    • United States
    • U.S. District Court — Western District of New York
    • March 11, 1992
    ...Technologies, Inc. v. Power Auth. of the State of New York, 171 A.D.2d 1031, 568 N.Y.S.2d 986, 987, appeal dismissed, 78 N.Y.2d 949, 573 N.Y.S.2d 642, 578 N.E.2d 440 (1991) ("Absent an unusual factual situation, not present here, estoppel is not available against a governmental agency exerc......
  • Advanced Refractory Technologies, Inc. v. Power Authority of State of N.Y.
    • United States
    • New York Court of Appeals Court of Appeals
    • October 12, 1993
    ...603 N.Y.S.2d 285 ... 81 N.Y.2d 670, 623 N.E.2d 6, Util. L. Rep ... ADVANCED REFRACTORY TECHNOLOGIES, INC., et al., Appellants, ... Michael C. O'Laughlin, Plaintiff, ... POWER AUTHORITY OF the STATE OF NEW YORK, Respondent ... Court of Appeals of New York ... Oct. 12, 1993 ...         [81 N.Y.2d 672] [623 N.E.2d 7] Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo (Victor T. Fuzak, Richard F. Campbell and Kevin M. Kearney, of counsel), and Douglas J. Crowley, Corp. Counsel of Niagara Falls ... ...

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