Daily Archives: Wednesday, October 13, 2021

Posted: October 13, 2021

First Department Holds That Proposed Documentary Evidence Did Not Conclusively Establish That Fuel Oil Met Specifications In Purchase Contract And That General Warranty Disclaimer Is Ineffective As To Required Specifications For Fuel Oil In The Contract

On October 1, 2021, in Glencore Ltd. v Freepoint Commodities LLC., Index No. 653431/19 and First Department Case No. 2020-02381, the First Department unanimously affirmed an Order of Justice Joel M. Cohen, which denied Defendant’s motion to dismiss pursuant to CPLR 3211(a)(1) and (a)(7).  The Court explained: The motion court properly declined to dismiss plaintiff’s... Read more »