Sunny Side Up, Inc. v. Agway, Inc.

5 Citing cases

  1. U.S. v. Tri-State Design Const. Co., Inc.

    899 F. Supp. 916 (N.D.N.Y. 1995)   Cited 8 times

    Under the N.Y.U.C.C., a buyer's claim for damages for non-conforming goods "is separate and apart from its indebtedness for the purchase price." Sunny Side Up, Inc. v. Agway, Inc., 40 A.D.2d 899, 900, 337 N.Y.S.2d 567, 569 (3d Dep't 1972). The claim for damages is separate because the "overriding goal of UCC remedies [is] to put the wronged party in as good a position as it would have been if the other party had fully performed."

  2. Maggio Importato, Inc. v. Cimitron Inc.

    189 A.D.2d 654 (N.Y. App. Div. 1993)   Cited 21 times
    Holding defendant's acceptance of non-conforming goods entitled plaintiff to recover contract price, where there was no "clear and unequivocal act of rejection" by the defendant and no indication that the defendant asserted a counterclaim or submitted evidence in support thereof

    Defendant's mere complaint about the goods does not constitute a clear and unequivocal act of rejection. Moreover, defendant's use of the goods and failure to return same constituted an acceptance of the goods (UCC 2-606; Computerized Radiological Servs. v. Syntex Corp., 786 F.2d 72). Defendant's acceptance of the goods, even if the goods failed to conform to the contract, entitles plaintiff to recover the contract price (Sunny Side Up v. Agway, Inc., 40 A.D.2d 899). Concur — Sullivan, J.P., Milonas, Ellerin and Wallach, JJ.

  3. Orbis Company, Inc. v. Rivera

    140 A.D.2d 679 (N.Y. App. Div. 1988)   Cited 7 times

    Moreover, the fact the goods were allegedly nonconforming is not a meritorious defense. When the goods at issue are received and accepted by the buyer, as here, the seller is entitled to recover the contract price for such goods, even if the goods are defective (see, Uniform Commercial Code § 2-607; Foley Mach. Co. v Amaco Constr. Corp., 126 A.D.2d 603; Avis Rent A Car Sys. v McNamara Buick Pontiac, 90 A.D.2d 783; Sunny Side Up v Agway, Inc., 40 A.D.2d 899, 900). Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.

  4. Paul Conte Cadillac v. C.A.R.S. Purchasing

    126 A.D.2d 621 (N.Y. App. Div. 1987)   Cited 6 times

    Since the defendant accepted the limousine, the plaintiff is entitled to recover the contract price, even if the vehicle was defective, as claimed by the defendant (see, Uniform Commercial Code § 2-607; Avis Rent A Car Sys. v. McNamara Buick Pontiac, 90 A.D.2d 783). While the defendant may have a claim to recover damages for breach of warranties, such a claim is separate and apart from its indebtedness for the contract price (see, Sunny Side Up v. Agway, Inc., 40 A.D.2d 899), and may still be pursued, notwithstanding the default judgment awarded the plaintiff for the contract price (see, Avis Rent A Car Sys. v. McNamara Buick Pontiac, supra). The defendant's president also alleged that the plaintiff's authorized agents orally agreed to cancel or discharge the check as a deduction for the costs to be incurred in curing the defect on the vehicle and for revenues lost because of the delay in doing so.

  5. Foley Machinery Co. v. Amaco Constr. Corp.

    126 A.D.2d 603 (N.Y. App. Div. 1987)   Cited 12 times

    No excuse for failing to appear in the action for over one year after the entry and knowledge of the default judgment, aside from law office failure, was proffered by the corporate defendant, albeit it was properly served, in accordance with Business Corporation Law § 306. Furthermore, the corporate president's allegations that Amaco stopped payment on the notes because the plaintiff breached its warranties regarding the hydraulic excavator is not a meritorious defense to the plaintiff's recovery of the contract price of goods Amaco undisputedly accepted (see, Uniform Commercial Code § 2-607; Avis Rent A Car Sys. v. McNamara Buick Pontiac, 90 A.D.2d 783; Sunny Side Up v. Agway, Inc., 40 A.D.2d 899). Additionally, the alleged inadequacy of the price obtained at the sale of the collateral is not a defense to nonpayment of the purchase price.