HUXLEY-WESTFRIED v. PHILIPP BROS. ORE


23 A.D.2d 139 (1965)

Huxley-Westfried Corporation, Respondent, v. Philipp Brothers Ore Corporation, Appellant

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

May 11, 1965.


Attorney(s) appearing for the Case

Leo T. Kissam of counsel (Anthony S. Genovese with him on the brief; Kissam & Halpin, attorneys), for appellant.

Matthew H. Ross of counsel (Frederick Newman with him on the brief; Blumberg, Singer, Ross & Gordon, attorneys), for respondent.

VALENTE, McNALLY, STEVENS and STEUER, JJ., concur in Per Curiam opinion; RABIN, J. P., dissents in opinion.


Per Curiam.

The complaint sets out three causes of action. Special Term on the application of defendant granted summary judgment dismissing the third cause of action and denied defendant's similar application as to the first two causes of action. The appeal is from this latter ruling.

It appears that both parties had engaged in barter transactions with the Turkish government pursuant to an agreement between...

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