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CT CHEMS. (U.S.A.), INC. v. MITSUI & CO. (U.S.A.), INC.

200 A.D.2d 432 (1994)

607 N.Y.S.2d 3

CT Chemicals (U.S.A.), Inc., Appellant, v. Mitsui & Co. (U.S.A.), Inc., Respondent

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

January 11, 1994

The IAS Court properly declined to grant the plaintiff summary judgment on its breach of contract and breach of implied warranty claims based upon the court's determination that there was no breach of contract because the chemical compound supplied by the defendant conformed to the specifications set forth in the parties' agreement, and that there was no breach of either an implied warranty of merchantability or fitness for a particular...

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