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Congress Talcott Corporation v. Shapiro

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 1991
176 A.D.2d 551 (N.Y. App. Div. 1991)

Opinion

October 10, 1991

Appeal from the Supreme Court, New York County (Francis N. Pecora, J.).


In this breach of contract action, we accord due deference to Supreme Court's factual findings that defendant agreed to accept late delivery of goods and failed to give reasonable notice of any objection to delivery of goods to a different destination (cf., Matter of Liccione v. John H., 65 N.Y.2d 826, 827). Although an oral agreement would not be effective to modify the delivery terms of the original contract (UCC 2-209), the proof established that the original contract delivery date had been waived by an executed oral modification (UCC 2-209; Nassau Trust Co. v. Montrose Concrete Prods. Corp., 56 N.Y.2d 175). The record also supports the court's holding that by failing to give reasonable notice of his objection to the place of delivery, Shapiro waived any right to contest the same (UCC 2-605).

Concur — Carro, J.P., Wallach, Kupferman, Asch and Kassal, JJ.


Summaries of

Congress Talcott Corporation v. Shapiro

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 1991
176 A.D.2d 551 (N.Y. App. Div. 1991)
Case details for

Congress Talcott Corporation v. Shapiro

Case Details

Full title:CONGRESS TALCOTT CORPORATION, Respondent, v. JOSEPH G. SHAPIRO…

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

Date published: Oct 10, 1991

Citations

176 A.D.2d 551 (N.Y. App. Div. 1991)
574 N.Y.S.2d 732

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