Bay Refrigeration Corp. v. All Well Supplies, Inc.

Appellate Division of the Supreme Court of New York

Bay Refrigeration Corp. v. All Well Supplies, Inc.

213 A.D.2d 439, 624 N.Y.S.2d 888, 1995 N.Y. App. Div. LEXIS 2699

Appellate Division of the Supreme Court of the State of New York·Decided March 13, 1995·Published·Cited by 1 cases

Opinion

—In an action to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Kings County (Greenstein, J.), entered September 22, 1993, which, after a nonjury trial, is in favor of the plaintiff and against it in the principal sum of $44,460.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant’s contention, the documented writing presented by the plaintiff evidencing the parties’ contract sufficed to satisfy the formal requirements of UCC 2-204 (1) and UCC 2-201 (see, Horn Waterproofing Corp. v Horn Constr. Co., 104 AD2d 851, 853). In addition, the trial court properly awarded the plaintiff the principal sum of $44,460 as damages for the defendant’s breach (see, Fertico Belgium v Phosphate Chems. Export Assn., 70 NY2d 76, 84; UCC 1-106, 2-715 [2] [a], Comment 6).

The defendant’s other contentions are without merit. Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.

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—In an action to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Kings County (Greenstein, J.), entered September 22, 1993, which, after a nonjury trial, is in favor of the plaintiff and against it in the principal sum of $44,460.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant’s contention, the documented writing presented by the plaintiff evidencing the parties’ contract sufficed to satisfy the formal requirements of UCC 2-204 (1) and UCC 2-201 (see, Horn Waterproofing Corp. v Horn Constr. Co., 104 AD2d 851, 853). In addition, the trial court properly awarded the plaintiff the principal sum of $44,460 as damages for the defendant’s breach (see, Fertico Belgium v Phosphate Chems. Export Assn., 70 NY2d 76, 84; UCC 1-106, 2-715 [2] [a], Comment 6).

The defendant’s other contentions are without merit. Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.

Bay Refrigeration Corp. v. All Well Supplies, Inc., 213 A.D.2d 439, 624 N.Y.S.2d 888, 1995 N.Y. App. Div. LEXIS 2699 (N.Y. Ct. App. 1995).

Pincite

213 A.D.2d 439 (Bay Refrigeration Corp. v. All Well Supplies, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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