WESTVACO CORP. v. INT'L CHIMNEY CORP.


250 A.D.2d 377 (1998)

672 N.Y.S.2d 330

Westvaco Corporation, Appellant, v. International Chimney Corporation, Respondent, et al., Defendant

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

May 5, 1998


Plaintiff commenced this action against ICC on September 7, 1995. The sole cause of action alleged by plaintiff against ICC was for breach of contract, based on ICC's performance of work on a chimney owned by plaintiff and located in Maryland. The purchase orders, drafted by plaintiff, contained a choice of law provision requiring application of Maryland law, and, in clause 3, provided that to the extent that the agreement involved the purchase of services, such services...

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