1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 189 A.D.2d
  5. 189 A.D.2d 654 (1993)
 

MAGGIO IMPORTATO, INC. v. CIMITRON INC.

189 A.D.2d 654 (1993)

Maggio Importato, Inc., Respondent, v. Cimitron Inc., Doing Business as Trading Company of America, Appellant

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

January 14, 1993

We agree with the IAS Court that no questions of fact exist involving defendant's acceptance of the goods shipped by plaintiff. Defendant's mere complaint about the goods does not constitute a clear and unequivocal act of rejection. Moreover, defendant's use of the goods and failure to return same constituted an acceptance of the goods (UCC 2-606 [1]; Computerized Radiological Servs. v Syntex Corp., 786 F.2d 72). Defendant's acceptance...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases