Bay Refrigeration Corp. v. All Well Supplies

Full title: BAY REFRIGERATION CORP., Respondent, v. ALL WELL SUPPLIES, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 13, 1995

213 A.D.2d 439 (N.Y. App. Div. 1995)

624 N.Y.S.2d 888

Opinion

March 13, 1995

Appeal from the Supreme Court, Kings County (Greenstein, J.).

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 A.D.2d 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 N.Y.2d 76, 84; UCC 1-106, 2-715 [a], Comment 6).

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