MACALLOY CORPORATION v. METALLURG, INC.


284 A.D.2d 227 (2001)

728 N.Y.S.2d 14

MACALLOY CORPORATION, Appellant, v. METALLURG, INC., Respondent.

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

Decided June 21, 2001.


Plaintiff was not relieved of its obligations to perform under the contract with defendant based on the "plant shutdown" language contained in the force majeure provision of the contract. Such force majeure clauses excuse non-performance only where the reasonable expectations of the parties have been frustrated due to circumstances beyond the control of the parties (see, Kel Kim Corp. v Central Mkts., 70 N.Y.2d 900...

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