POLYMONT INTERNATIONAL, INC. v. NATIONAL POLYSTYRENE RECYCLING CO., L.P.


256 A.D.2d 562 (1998)

682 N.Y.S.2d 866

POLYMONT INTERNATIONAL, INC., Appellant, v. NATIONAL POLYSTYRENE RECYCLING CO., L.P., Respondent.

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

Decided December 28, 1998.


Ordered that the order is affirmed, with costs.

The consent to jurisdiction clause of the plaintiff's invoices constituted an additional term which materially altered the parties' agreement (see, UCC 2-207 [2] [b]; Matter of Marlene Indus. Corp. [Carnac Textiles], 45 N.Y.2d 327; Pacamor Bearings v Molon Motors & Coil, 102 A.D.2d 355, 358). As no other basis is alleged...

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