New York Supreme Court November 9, 1989 (Tesoro Petroleum Corp. v. Holborn Oil Co.)

OPINION OF THE COURT

Edward H. Lehner, J.

The sole issue presented on the motion and cross motion for *716partial summary judgment is whether, in the event plaintiff establishes a contract between the parties and a breach thereof, the measure of damages should be governed by UCC 2-706 (difference between contract price and resale price) or UCC 2-708 (difference between contract price and market