Legal Opinion
Compania Tauben S. A. v. Stolt Tankers Inc.
New York Supreme Court
Decided December 7, 1998PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Barry A. Cozier, J.
Defendant Stolt Tankers Inc. (Stolt), a corporation engaged *934in ocean transportation, storage, and distribution of chemicals and other liquids, originally moved pursuant to CPLR 3211 (a) (5) to dismiss the complaint based upon the Statute of Frauds. Stolt still seeks dismissal, but requests that its motion be treated as one for summary judgment, as the motion was made after issue was joined.
BACKGROUND
By complaint dated September 11, 1997, Tauben alleged that in 1991 the parties entered into an agreement whereby Tauben, through its principal Jose Elias…
2Cases cited17 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
- McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
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3Cited by2 opinions
- Cal Dive Offshore Contractors, Inc. v. M/V SampsonDistrict Court, S.D. New York · 2017
- Tankship International, LLC v. El Paso Merchant Energy-Petroleum Co.District Court, D. Connecticut · 2006