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MORTON BLDGS., INC. v. EDSON

250 A.D.2d 657 (1998)

671 N.Y.S.2d 690

Morton Buildings, Inc., Appellant, v. Lewis Edson, Respondent

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

May 11, 1998

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.

The parties' conflicting allegations as to the content of their agreement raise a triable issue of fact (see, CPLR 3212 [b]) as to whether the agreement was predominantly for the sale of goods (see, UCC 2-725; Franklin Nursing Home v Power Cooling, 227 A.D.2d 374),

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