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CLAYTON INT'L, INC. v. CHARLES OFFSET CO., INC.

191 A.D.2d 190 (1993)

595 N.Y.S.2d 676

Clayton International, Inc., Respondent, v. Charles Offset Co., Inc., Defendants, et al., and Hesselbacher Papier-Import Und Export GmbH & Co. KG, Appellant

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

March 4, 1993

Asch, J., dissents in part in a memorandum, as follows:

Plaintiff Clayton, a paper merchant located in New York City, ordered the subject paper which was found to be defective, from defendant Hesselbacher, a German paper merchant. The terms of the sale were shipment C&F (cost and freight) port of New York and the paper was loaded aboard the defendant Nedlloyd ship in Livorno, Italy, on June 12, 1984 packed...

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