Legal Opinion
Sempra Energy Trading Corp. v. BP Products North America, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 2008PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered July 20, 2007, which granted defendants’ motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, unanimously affirmed, with costs.
Plaintiff commenced this action for breach of contract alleging that defendants delivered fuel oil that failed to comply with the terms of the parties’ agreement. Pursuant to the contract, defendants promised to deliver plaintiff fuel oil with an American Petroleum Institute (API) gravity of 11.3, and the parties agreed that the quality and quantity of the fuel would be…
2Cases cited5 opinions
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- Hermance v. Board of SupervisorsNew York Court of Appeals · 1877
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- Structured Credit Partners, LLC v. PaineWebber Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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