United States Second Circuit

Dismissal of a contract breach action was improper where the district court's interpretation of testing protocol incorporated into a purchase order was contrary to the plain language of that order; incorporated language will not override buyer's right to: 1) reject industrial chain that does not meet contractual hardness specifications, and 2) require seller to bear the costs of repair or replacement. (Amended opinion)

Appellate Information

• Decided 04/22/2002
• Published 04/25/2002

Judges

• B.D. PARKER, JR., Circuit Judge., Before: SACK, KATZMANN, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kalvin Kamien,Max E. Greenberg, Trager, Toplitz & Herbst, New York, NY, for Plaintiff-Appellant., Eric Proshansky, Office of the Corporation Counsel of the City of New York, New York, N.Y. (Michael D. Hess, Corporation Counsel of the City of New York;  Stephen J. McGrath, on the brief), for Amicus Curiae the City of New York.


• For Appellees:
  
• Stephen G. Anderson, Baker, Donelson, Bearman & Caldwell, Knoxville, TN (Wendy E. Long, Kirkland & Ellis, New York, NY, on the brief), for Defendant-Appellee.