Polymont International, Inc. v. National Polystyrene Recycling Co.

Appellate Division of the Supreme Court of New York

Polymont International, Inc. v. National Polystyrene Recycling Co.

256 A.D.2d 562, 682 N.Y.S.2d 866, 1998 N.Y. App. Div. LEXIS 14005

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 28, 1998

StatusPublished

Cited by2 cases

This text of 256 A.D.2d 562 (Polymont International, Inc. v. National Polystyrene Recycling Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Polymont International, Inc. v. National Polystyrene Recycling Co., 256 A.D.2d 562, 682 N.Y.S.2d 866, 1998 N.Y. App. Div. LEXIS 14005 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In an action, inter alia, to recover payment for goods sold and delivered, the plaintiff appeals from an order of the Supreme Court, Nassau County (Schmidt, J.), entered October 23, 1997, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

Ordered that the order is affirmed, with costs.

The consent to jurisdiction clause of the plaintiffs invoices constituted an additional term which materially altered the parties’ agreement (see, UCC 2-207 [2] [b]; Matter of Marlene Indus. Corp. [Carnac Textiles], 45 NY2d 327; Pacamor Bearings v Molon Motors & Coil, 102 AD2d 355, 358). As no other basis is alleged for personal jurisdiction over the defendant, the Supreme Court properly granted the defendant’s motion to dismiss the complaint (see, CPLR 3211 [a] [8]). Bracken, J. P., Copertino, Thompson and Friedmann, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action, inter alia, to recover payment for goods sold and delivered, the plaintiff appeals from an order of the Supreme Court, Nassau County (Schmidt, J.), entered October 23, 1997, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (8).

Ordered that the order is affirmed, with costs.

The consent to jurisdiction clause of the plaintiffs invoices constituted an additional term which materially altered the parties’ agreement (see, UCC 2-207 [2] [b]; Matter of Marlene Indus. Corp. [Carnac Textiles], 45 NY2d 327; Pacamor Bearings v Molon Motors & Coil, 102 AD2d 355, 358). As no other basis is alleged for personal jurisdiction over the defendant, the Supreme Court properly granted the defendant’s motion to dismiss the complaint (see, CPLR 3211 [a] [8]). Bracken, J. P., Copertino, Thompson and Friedmann, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D.2d 562, 682 N.Y.S.2d 866, 1998 N.Y. App. Div. LEXIS 14005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polymont-international-inc-v-national-polystyrene-recycling-co-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack