77 A.D.2d 546 | N.Y. App. Div. | 1980
Order of the Supreme Court, New York County, entered October 5, 1979, modified, on the law and the facts, to the extent of denying plaintiff’s cross motion to dismiss defendant’s affirmative defenses and counterclaims and, as so modified, affirmed, without costs. Defendant Intershoe, Incorporated (Intershoe), is a Canadian corporation engaged in the importation of Brazilian shoes. It is qualified to do business in this State and has its principal office here. Calcado Schirley S. A., Industria de Comercio (Schirley) is a Brazilian shoe manufacturer. Petrobras Comercio Internacional, S.A., Interbras (Interbras) is a wholly owned subsidiary of the Brazilian oil monopoly. It is authorized to do business in this State. On June 9, 1976, Intershoe entered into an agreement with Schirley by the terms of which Schirley sold to Intershoe 31,674 pairs of shoes and