Etablissement Asamar Ltd. v. Lone Eagle Shipping Ltd.
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
This is an action to recover $95,762.67, which is the balance due for bunkers delivered to the M/V Alpha Star in 1993 in Amsterdam and Dunkirk. The delivery of the bunkers and the amount of the unpaid balance are undisputed. Defendants assert, however, that the parties entered into a binding agreement to settle the liability for $40,-000 and that plaintiffs have reneged. The matter is before the Court on cross-motions for summary judgment.
Facts
The pertinent facts are simple and undisputed in all respects save one. In October and November 1993,…
2Cases cited10 opinions
- Center v. Hampton Affiliates, Inc.New York Court of Appeals · 1985
- Oliver v. WellsNew York Court of Appeals · 1930
- Corporacion De Mercadeo Agricola v. Mellon Bank InternationalCourt of Appeals for the Second Circuit · 1979
- Gram v. Mutual Life InsuranceNew York Court of Appeals · 1950
- Kaelin v. WarnerNew York Court of Appeals · 1971
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3Cited by1 opinion
- Sprint Communications Co. v. Jasco Trading, Inc.District Court, E.D. New York · 2014