District Court, S.D. New York December 20, 2000, 99 Civ. 2372(CM) (Eua Cogenex Corp. v. North Rockland Central School District)

MEMORANDUM DECISION AND ORDER GRANTING AND DENYING IN PART PLAINTIFF AND DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

EUA Cogenex (“EUA”) asserts three causes of action against the North Rock-land Central School District (“the District”) arising from the District’s failure to pay EUA under an energy savings performance contract: (1) breach of contract; (2) breach of an implied