B & R TEXTILE CORP. v. DOMINO TEXTILES, INC.


77 A.D.2d 539 (1980)

B & R Textile Corp., Appellant, v. Domino Textiles, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

July 24, 1980


Unanimously reversed, on the law, and motion to dismiss the affirmative defense granted, with costs.

The formal requirements of the Statute of Frauds as to sales are set forth in subdivision (1) of section 2-201 of the Uniform Commercial Code. Subdivision (2) of said section provides an exception, in recognition of the usual and customary practice followed by merchants, to wit: "(2) Between merchants if within a reasonable time a writing in confirmation of the contract...

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