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MADISON INDUS. v. EASTMAN KODAK

243 N.J. Super. 578 (1990)

581 A.2d 85

MADISON INDUSTRIES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. EASTMAN KODAK COMPANY, A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 1990.

Attorney(s) appearing for the Case

William J. Bigham argued the cause for appellant (Hannoch Weisman, attorneys; William J. Bigham of counsel and on the briefs with Susan Stryker).

Mark T. McMenamy argued the cause for respondent (Bressler, Amery & Ross, attorneys; Mark T. McMenamy of counsel and on the brief with Jon W. Olson).

Before Judges O'BRIEN, HAVEY and STERN.

The opinion of the court was delivered by HAVEY, J.A.D.

Plaintiff Madison Industries, Inc., appeals from an order for summary judgment dismissing its breach of contract case against defendant Eastman Kodak Company. Prior to entering the order, Judge Harding took testimony at a hearing to resolve a preliminary question as to the applicability of the "merchant's exception" under the Uniform Commercial Code, N.J.S.A. 12A:2-201(2). The judge concluded that the...

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