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CONG. TALCOTT CORP. v. SHAPIRO

176 A.D.2d 551 (1991)

Congress Talcott Corporation, Respondent, v. Joseph G. Shapiro, Individually and Doing Business as Joli Marketing Co., Appellant

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

October 10, 1991

In this breach of contract action, we accord due deference to Supreme Court's factual findings that defendant agreed to accept late delivery of goods and failed to give reasonable notice of any objection to delivery of goods to a different destination (cf., Matter of Liccione v John H., 65 N.Y.2d 826, 827). Although an oral agreement would not be effective to modify the delivery terms of the original contract (UCC 2-209 [2...

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