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KAMYR, INC. v. COMBUSTION ENG'G, INC.

198 A.D.2d 44 (1993)

603 N.Y.S.2d 451

Kamyr, Inc., et al., Appellants, v. Combustion Engineering, Inc., et al., Respondents

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

November 9, 1993

Inasmuch as the jury found that Combustion Engineering's oral agreement of April 4, 1986 to assume Koppers' obligations under the Kamyr-Koppers agreements was not conditioned upon Kamyr's acceptance of the definition of the term "Systems" contained in the warranty that Koppers gave Combustion Engineering, it follows that such definition cannot be the basis of a claim by Kamyr that Combustion Engineering breached such oral agreement by refusing to accept an assignment of the...

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