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BAZAK INTL CORP v. MAST INDUS

73 N.Y.2d 113 (1989)

Bazak International Corp., Appellant, v. Mast Industries, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 16, 1989.

Attorney(s) appearing for the Case

Allen Jay Bodner, Richard E. Carmen and Ira Kleiman for appellant.

Joseph C. Markowitz, Paul E. Kazanoff and Blythe M. Bethel for respondent.

Chief Judge WACHTLER and Judges TITONE and BELLACOSA concur with Judge KAYE; Judge ALEXANDER dissents and votes to affirm in a separate opinion in which Judges SIMONS and HANCOCK, JR., concur.

KAYE, J.

This dispute between textile merchants concerning an alleged oral agreement to sell fabric centers on the "merchant's exception" to the Statute of Frauds (UCC 2-201 [2]). We conclude that annotated purchase order forms signed by the buyer, sent to the seller and retained without objection, fall within the merchant's exception, satisfying the statutory requirement of a writing even without the seller...

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