Plastokit (Prod. 1986), Ltd. v. American Bio Medica Corp.

Appeal from that part of an order of the Supreme Court (McGrath, J.), entered March 21, 2012 in Columbia County, which denied plaintiffs cross motion for summary judgment.

Defendant is a biotechnology corporation that sells drug testing kits, and plaintiff is a foreign corporation that manufactures molds and plastic products. The parties negotiated an agreement in 2007 whereby plaintiff manufactured steel molds used to produce plastic cups, lids and strip inserts for defendant’s urine sample drug testing kits. Plaintiff stated that it could produce the plastic products at an agreed price.…