From Casetext: Smarter Legal Research

Hess Corp. v. Genesis Realty Grp. LLC

Supreme Court, Appellate Division, First Department, New York.
Nov 20, 2014
122 A.D.3d 511 (N.Y. App. Div. 2014)

Opinion

13545 153188/12

11-20-2014

Hess Corporation, Plaintiff-Appellant, v. Genesis Realty Group LLC, Defendant, Haran Realty Co., LLC, et al., Defendants-Respondents.

Cozen O'Connor, New York (Edward Hayum of counsel), for appellant. Wachtel Missry LLP, New York (Julian D. Schreibman of counsel), for respondents.


, Friedman, Andrias, Feinman, Kapnick, JJ.

Cozen O'Connor, New York (Edward Hayum of counsel), for appellant.

Wachtel Missry LLP, New York (Julian D. Schreibman of counsel), for respondents.

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered March 25, 2014, which denied plaintiff's motion for summary judgment against defendants-respondents, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Since there is no underlying or master agreement for the purchase of fuel oil from plaintiff by defendants-respondents, "each shipment represents a separate agreement to purchase [fuel oil]" (Sharp Elecs. Corp. v Arkin-Medo, Inc. , 86 AD2d 817 [1st Dept 1982], affd 58 NY2d 986 [1983]). Thus, Uniform Commercial Code § 2-717 is inapplicable, and defendants-respondents are not entitled to withhold payment for fuel oil deliveries in 2010 to offset payments made for earlier fuel oil deliveries on which they believe they may have been shorted.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 20, 2014

CLERK


Summaries of

Hess Corp. v. Genesis Realty Grp. LLC

Supreme Court, Appellate Division, First Department, New York.
Nov 20, 2014
122 A.D.3d 511 (N.Y. App. Div. 2014)
Case details for

Hess Corp. v. Genesis Realty Grp. LLC

Case Details

Full title:Hess Corporation, Plaintiff-Appellant, v. Genesis Realty Group LLC…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Nov 20, 2014

Citations

122 A.D.3d 511 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 8116
995 N.Y.S.2d 508