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T. W. OIL v. CON EDISON CO.

57 N.Y.2d 574 (1982)

T. W. Oil, Inc., Formerly Known as Joc Oil Usa, Inc., Respondent, v. Consolidated Edison Company of New York, Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1982.

Attorney(s) appearing for the Case

Barry S. Goldstein, Ernest J. Williams, Sheila Solomon Rosenrauch and Patricia M. Fruehling for appellant.

David L. Maloof, Francis J. McCaffrey, James J. Ruddy and Daniel G. McDermott for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.

FUCHSBERG, J.

In the first case to wend its way through our appellate courts on this question, we are asked, in the main, to decide whether a seller who, acting in good faith and without knowledge of any defect, tenders nonconforming goods to a buyer who properly rejects them, may avail itself of the cure provision of subdivision (2) of section 2-508 of the Uniform Commercial Code. We hold that, if seasonable...

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