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AUGSBURY CORP. v. PETROKEY

97 A.D.2d 173 (1983)

Augsbury Corporation, Respondent, v. Petrokey Corporation et al., Appellants

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

December 8, 1983

Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Louis D'Amanda, Thomas G. Collins and Sheldon W. Boyce, Jr., of counsel), for appellants.

Lombardi, Devorsetz, Stinziano & Smith (William J. Gilberti, Jr., Robert C. Paltz and Sidney Devorsetz of counsel), for respondent.

MAHONEY, P. J., CASEY, WEISS and LEVINE, JJ., concur.

SWEENEY, J.

In March, 1982, plaintiff Augsbury Corporation, a New York corporation, allegedly made two contracts for the sale and delivery of fuel oil with defendant Petrokey Corporation, a Delaware corporation. Petrokey allegedly failed to deliver the oil as agreed to plaintiff's barge at Petrokey's designated New York harbor terminal. Plaintiff brought suit on August 3, 1982 naming as defendants Petrokey, Diamond...

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