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FERTICO v. PHOSPHATE CHEMS

100 A.D.2d 165 (1984)

Fertico Belgium, S.A., Respondent, v. Phosphate Chemicals Export Association, Inc., Appellant

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

March 6, 1984

Attorney(s) appearing for the Case

Michael L. Anania of counsel (John J. Witmeyer, III, with him on the brief; Ford Marrin Esposito & Witmeyer, attorneys), for respondent.

Charles H. Critchlow of counsel (Norman H. Seidler and Douglas F. Broder with him on the brief; Lord, Day & Lord, attorneys), for appellant.

KUPFERMAN, J. P., CARRO, MILONAS and KASSAL, JJ., concur.

SULLIVAN, J.

On October 18, 1978, Phosphate Chemicals Export Association, Inc. (PhosChem), an American exporter of fertilizer products, agreed to sell 35,000 metric tons of phosphate fertilizer to Fertico Belgium S.A., a Belgium-domiciled, international trader of various commodities, including fertilizer. The fertilizer was to be shipped to Antwerp C.&F., and delivered in two installments — 15,000...

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