This case comes to us for determination as an action on submitted facts pursuant to CPLR 3222. In accordance with paragraph 3 of subdivision (b) of that rule it is, by stipulation of the parties, submitted to us in the first instance.
The facts, as agreed to by the parties, demonstrate that in May, 1978 defendant purchased from plaintiff certain goods required to be specially manufactured. Both parties knew and understood that the goods...
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