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S & H COMMUNICATIONS, INC. v. SEISCOR TECHS., INC.

221 A.D.2d 156 (1995)

633 N.Y.S.2d 146

S & H Communications, Inc., Respondent, v. Seiscor Technologies, Inc., Appellant, et al., Defendants

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

November 2, 1995

UCC 2-401 (1), (2) and (3) are not applicable to the instant situation as the buyer and seller of the allegedly nonconforming goods "explicitly agreed" in their contract that "[u]ntil payment in full is made to the sellers [plaintiff S & H Communications, Inc.], interests, rights and title to the equipment [telephones] shall remain with the sellers." As Metropolitan Pay Phone, Inc. ("Metropolitan"), which contracted to purchase plaintiff's stock, never paid plaintiff...

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