AVIS RENT A CAR SYS., INC. v. McNAMARA BUICK PONTIAC, INC.


90 A.D.2d 783 (1982)

Avis Rent a Car System, Inc., Appellant-Respondent, v. McNamara Buick Pontiac, Inc., Respondent-Appellant

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

November 8, 1982


As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to plaintiff.

It is undisputed that defendant received and accepted, but did not pay for, 70 automobiles it purchased from plaintiff. By its third cause of action the plaintiff seeks to recover the agreed price of such automobiles. Clearly, the plaintiff is entitled to recover the contract price for such goods (see Uniform Commercial Code, § 2-607, subd [1]) and the record...

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