HARTREE PARTNERS, LP v. ESMARK STEEL GROUP-MIDWEST, LLC

652140/19. Appeal No. 16669. Case No. 2022-00133.

210 A.D.3d 549 (2022)

179 N.Y.S.3d 193

2022 NY Slip Op 06572

Hartree Partners, LP, Appellant-Respondent, v. Esmark Steel Group-Midwest, LLC, Respondent-Appellant.

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

Decided November 17, 2022.


Attorney(s) appearing for the Case

Stroock & Stroock & Lavan LLP, New York ( Melvin A. Brosterman of counsel), for appellant-respondent.

McGuire Woods, New York ( Gerald J. Stubenhofer, Jr. of the bar of the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel), for respondent-appellant.

Concur—Kern, J.P., Scarpulla, Rodriguez, Pitt, Higgitt, JJ.


Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered January 3, 2022, which denied plaintiff's motion for summary judgment on its breach of contract claim and dismissing defendant's counterclaim for breach of contract, and denied defendant's motion for partial summary judgment declaring that the terms in plaintiff's emailed offers and defendant's later purchase orders constitute the terms of the parties' agreement and that plaintiff's confirmation did not...

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