S.S.I. v. KOREA TUNGSTEN


80 A.D.2d 155 (1981)

S.S.I. Investors Limited, Respondent, v. Korea Tungsten Mining Co., Ltd., et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 21, 1981


Attorney(s) appearing for the Case

Floyd G. Grossman of counsel (Dollinger, Gonski and Grossman, attorneys), for respondent.

Robert Griffith of counsel (Jeffrey Barist and James H. Schnare, II, on the brief; White & Case, attorneys), for Nova-Park New York, Inc., N. V., appellant.

Paul William Siegert of counsel (Siegert & Miller, attorneys), for Korea Tungsten Mining Co., Ltd., appellant.

CARRO, LUPIANO, SILVERMAN, and BLOOM, JJ., concur.


ROSS, J. P.

The core issue presented on this appeal is whether the offer of the plaintiff bidder, which was submitted in an "alternative" form, constituted a firm offer which, it is alleged, was thereafter accepted by the seller. We have concluded that the purported bid as submitted was void from its inception and, therefore, there was no offer subject to acceptance.

Defendant Korea Tungsten Mining Company...

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