Appellate Division of the Supreme Court of the State of New York August 3, 1995 (New York State Electric & Gas Corp. v. State)

—Mikoll, J. P.

Appeal from an order of the Court of Claims (Benza, J.), entered June 10, 1994, which, inter alia, granted the State’s cross motion for summary judgment dismissing the claim.

Claimant, an electric and gas corporation, operates a *869hydroelectric power plant at Dam C-3 (hereinafter the dam),* a dam and lock structure owned by the State.