ORANGE & ROCKLAND UTIL v. HESS


59 A.D.2d 110 (1977)

Orange and Rockland Utilities, Inc., Appellant, v. Amerada Hess Corporation, Respondent

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

August 15, 1977


Attorney(s) appearing for the Case

LeBoeuf, Lamb Leiby & MacRae (Taylor R. Briggs and Christopher C. Herman of counsel), for appellant.

Milbank, Tweed, Hadley & McCloy (Adlai S. Hardin Jr., and Norman R. Nelson of counsel), for respondent.

HOPKINS, J. P., MARTUSCELLO and O'CONNOR, JJ., concur.


MARGETT, J.

This action, for damages as a result of an alleged breach of a requirements contract, raises related but distinctly separate issues as to whether the plaintiff buyer's requirements occurred in good faith and whether those requirements were unreasonably disproportionate to the estimates stated in the contract.

In a fuel oil supply contract executed in early December, 1969, defendant Amerada...

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