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CT CHEMS. v. VINMAR IMPEX

81 N.Y.2d 174 (1993)

CT Chemicals (U.S.A.) Inc., Respondent, v. Vinmar Impex, Inc., Appellant.

Court of Appeals of the State of New York.

Decided April 29, 1993.

Attorney(s) appearing for the Case

DeGraff, Foy, Holt-Harris & Mealey, Albany (Kirk M. Lewis and Carroll J. Mealey of counsel), and Dunn & Zuckerman, P. C., New York City, for appellant.

Snitow & Pauley, New York City (Franklyn H. Snitow and Lyle D. Brooks of counsel), for respondent.

Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

Chief Judge KAYE.

This appeal requires application of the Uniform Commercial Code to a dispute over the alleged breach of an agreement for the sale of high density polyethylene (HDPE) between two dealers in chemical compounds — plaintiff-seller, CT Chemicals (U.S.A.), and defendant-buyer, Vinmar Impex.

The events in issue — largely an exchange of telexes and other documents — took...

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