WHITEMARSH INDUS., INC. v. SEARS ROEBUCK & CO.


192 A.D.2d 331 (1993)

595 N.Y.S.2d 763

Whitemarsh Industries, Inc., Doing Business as Oscar De La Renta Industries, Appellant, v. Sears Roebuck and Co., Respondent

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

April 6, 1993


This record presents triable issues of fact including the sufficiency of the confirmatory writing and the timeliness and effect of defendant's letter objecting to the confirmation. The ultimate factual issue is whether an oral contract was formed and confirmed without timely objection.

This action arises out of a meeting held in early November of 1988 between Ira Sadowsky, a representative of plaintiff-appellant Whitemarsh Industries and Frank Holcombe, a representative...

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