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MOUNT VERNON MILLS, INC. v. MURPHY TEXTILE MILLS

148 A.D.2d 389 (1989)

Mount Vernon Mills, Inc., Appellant, v. Murphy Textile Mills, Respondent

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

March 28, 1989

UCC 2-607 (1) requires a buyer to pay at the contract rate for any goods accepted and subdivision (3) of that section provides that upon buyer's failure to notify the seller of the alleged breach within a reasonable time, he is "barred from any remedy". Likewise, a "[r]evocation of acceptance must occur within a reasonable time after the buyer discovers * * * the ground for it" (UCC 2-608 [2]).

Thus, where the goods in question...

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