The applicability of section 2-207 of the Uniform Commercial Code to the transaction herein is, on this record, a mixed question of law and fact, and Special Term properly determined to deny defendant's motion for summary judgment dismissing the first and second causes of action and for summary judgment upon its counterclaim. As to the dismissal of plaintiff's third and fourth causes of action pursuant to CPLR 3211 (subd [a], par 7) for failure to state a cause of action...
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