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KOLMAR AMERICAS, INC. v. MARATHON PETROLEUM COMPANY, LLC

4025, 602644/08.

80 A.D.3d 463 (2011)

915 N.Y.S.2d 246

KOLMAR AMERICAS, INC., Appellant, v. MARATHON PETROLEUM COMPANY, LLC, Respondent.

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

Decided January 11, 2011.

In this breach of contract action, Kolmar alleged that petroleum it purchased from Marathon failed to conform to previously agreed-upon quality specifications. The court providently exercised its discretion in finding that plaintiff failed to put forth a foundation to introduce into evidence the independent reports indicating the quality of the petroleum tested at Marathon's refinery (see Montes v New York City Tr. Auth., 46 A.D.3d 121

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