Defendants fail to raise an issue of fact as to whether the repair, replace or refund remedies to which the buyer was limited under the subject contract failed of their essential purpose (UCC 2-719 [2]). They assert that support columns fabricated by plaintiff seller for erection and installation by defendant buyer at a construction site were discovered, after installation and the placement on them of a 100,000 pound crossover deck, to be cut to the wrong size, and that considerations...
Let's get started
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.
