Republic Chemical Corp. v. United Sterling Corp.

This is a motion by defendant for summary judgment to dismiss the two causes of action contained in an amended complaint.

The original complaint (which was dismissed with leave to replead) alleged a written contract. The decision by my learned colleague dismissing that complaint would not necessarily be controlling here. The determination was predicated upon the insufficiency of the pleading, which relied on the order as the written contract between the parties but failed to allege either an acceptance in the manner set forth in the order or a waiver of the provision of the order in respect of…