SECURITIES INDUSTRY AUTOMATION CORPORATION v. UNITED COMPUTER CAPITAL CORPORATION


282 A.D.2d 404 (2001)

723 N.Y.S.2d 668

SECURITIES INDUSTRY AUTOMATION CORPORATION, Respondent, v. UNITED COMPUTER CAPITAL CORPORATION, Appellant.

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

Decided April 26, 2001.


The court properly found that the parties' conduct during the performance of multiple schedules under a single "Master Lease," established that plaintiff was justified in relying on defendant's prior waiver of a requirement for timely notice of plaintiff's intent to exercise a $1 buy-out option to purchase the leased computer equipment at the end of the lease term. The court did not improperly consider parol evidence since the Uniform Commercial Code provides that where a...

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