Legal Opinion

Etablissement Asamar Ltd. v. Lone Eagle Shipping Ltd.

District Court, S.D. New York

Decided April 21, 1995No. 94 Civ. 7886 (LAK)PublishedCited by 1 opinion

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

  1. Center v. Hampton Affiliates, Inc.New York Court of Appeals · 1985
  2. Oliver v. WellsNew York Court of Appeals · 1930
  3. Corporacion De Mercadeo Agricola v. Mellon Bank InternationalCourt of Appeals for the Second Circuit · 1979
  4. Gram v. Mutual Life InsuranceNew York Court of Appeals · 1950
  5. Kaelin v. WarnerNew York Court of Appeals · 1971

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3Cited by1 opinion

  1. Sprint Communications Co. v. Jasco Trading, Inc.District Court, E.D. New York · 2014

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