Fuchs & Lang Sun Chemical de Venezuela v. Schenectady Chemicals, Inc.

Appeal from an order of the Supreme Court at Special Term, entered June 19, 1973 in Schenectady County, which denied defendant’s motion to dismiss plaintiffs’ second cause of action and granted plaintiffs’ cross motion to dismiss the affirmative defenses in defendant’s answer. Plaintiffs claim damages in the sum of $5,228.25 in *882increased customs duties and fines which they allegedly incurred as a result of the mislabeling .of 40 drums of resin which they had ordered from the defendant and which defendant shipped to them in Venezuela in .October, 1964. This action was commenced by the service…