The third parties, EMK, brought a motion for summary judgment to dismiss the defendants' third party claim for contribution and indemnity arising from a fire at a poultry processing plant.
EMK also sought a declaration that Belgian law governed the contract for the sale of a boiler to the defendants.
The court applied the closest and most substantial connection test and determined that Belgian law governed the contract.
However, the court dismissed the motion for summary judgment, finding that a fair and just determination of whether EMK had knowledge of the alleged defects under the Uniform Law on the International Sale of Goods could not be made prior to the trial of the main action, as it risked inconsistent findings of fact.
