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NAT MACH EXCH v. PENINSULAR

106 Misc.2d 458 (1980)

National Machinery Exchange, Inc., Plaintiff, v. Peninsular Equipment Corp., Defendant.

Supreme Court, Special Term, New York County.

September 9, 1980

Attorney(s) appearing for the Case

Baer, Marks & Upham for defendant. Zane & Teitler for plaintiff.

HERMAN CAHN, J.

Defendant moves to dismiss plaintiff's complaint for lack of jurisdiction.

In this almost classic "battle of the forms," defendant, a Michigan corporation, orally agreed to purchase certain machinery from plaintiff for $100,000, and sent plaintiff a $10,000 deposit. Plaintiff then confirmed the sale by sending its invoice to defendant. One of the terms included on the invoice was that...

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