New York Court of Claims May 16, 2012, Claim No. 117565 (Erie Boulevard Hydropower v. State)

*320OPINION OF THE COURT

Francis T. Collins, J.

Claimant, Erie Boulevard Hydropower, L.E (Erie), moves pursuant to CFLR 3212 for partial summary judgment on the issue of defendants’ liability for breach of a 1921 agreement governing the release of water from the Hinckley Reservoir for use in its hydroelectric facilities. Defendants1 cross-move for summary judgment dismissing the claim.