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TAUBEN v. STOLT TANKERS

179 Misc.2d 933 (1998)

686 N.Y.S.2d 916

Compania Tauben S. A., Plaintiff, v. Stolt Tankers Inc., Defendant.

Supreme Court, New York County.

December 7, 1998

Attorney(s) appearing for the Case

Carter, Ledyard & Milburn, New York City (Mark C. Flavin of counsel), for defendant. Keane & Marlowe, New York City (Christopher P. Keane of counsel), for plaintiff.

BARRY A. COZIER, J.

Defendant Stolt Tankers Inc. (Stolt), a corporation engaged in ocean transportation, storage, and distribution of chemicals and other liquids, originally moved pursuant to CPLR 3211 (a) (5) to dismiss the complaint based upon the Statute of Frauds. Stolt Still seeks dismissal, but requests that its motion be treated as one for summary judgment, as the motion was made after issue was joined...

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