Kolmar Americas, Inc. v. Marathon Petroleum Co.

Judgment, Supreme Court, New York County (Ira Gammer*464man, J.H.O.), entered October 27, 2010, which, after a nonjury trial, dismissed the complaint and counterclaim, unanimously affirmed, with costs.

In this breach of contract action, Kolmar alleged that petroleum it purchased from Marathon failed to conform to previously agreed-upon quality specifications. The court providently exercised its discretion in finding that plaintiff failed to put forth a foundation to introduce into evidence the independent reports indicating the quality of the petroleum tested at Marathon’s refinery (see Montes v…