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FERTICO BELGIUM v. PHOSPHATE

70 N.Y.2d 76 (1987)

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

Court of Appeals of the State of New York.

Decided June 9, 1987.

Attorney(s) appearing for the Case

John J. Witmeyer III, Michael L. Anania, Elizabeth M. DeCristofaro and John F. Boland for appellant.

Charles H. Critchlow, Norman H. Seidler and Douglas F. Broder for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and HANCOCK, JR., concur with Judge BELLACOSA; Judge TITONE dissents and votes to affirm in a separate opinion in which Judge ALEXANDER concurs.

BELLACOSA, J.

A seller (Phoschem) breached its contract to timely deliver goods to a buyer-trader (Fertico) who properly sought cover (under the Uniform Commercial Code that means acquiring substitute goods) from another source (Unifert) in order to avoid breaching that buyer-trader's obligation to a third-party buyer (Altawreed). The sole issue involves the applicable principles and computation of damages for...

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