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  5. 247 A.D.2d 374 (1998)
 

SABBETH INDUS., LTD. v. INNOVATIVE COMPUTER CONCEPTS, INC.

247 A.D.2d 374 (1998)

667 N.Y.S.2d 937

Sabbeth Industries, Ltd., Appellant, v. Innovative Computer Concepts, Inc., Respondent

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

February 2, 1998

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court did in fact base its judgment on the proposition that the sale of a computer software package is a sale of a good controlled by the provisions of the Uniform Commercial Code (see, e.g., Communications Groups v Warner Communications, 138 Misc.2d 80). The court did not err in granting the defendant's motion...

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