Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered April 21, 2016, which, to the extent appealed from, found that the Transaction Confirmation and terms and conditions provided by defendant Kolmar Americas, Inc. (Kolmar) formed the parties' contract, and denied Kolmar's motion for summary judgment dismissing plaintiff's breach of contract claim, unanimously modified, on the law, to grant Kolmar's
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