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RICHARD A. ROSENBLATT & COMPANY, INC. v. DAVIDGE DATA SYSTEMS CORPORATION

295 A.D.2d 168 (2002)

743 N.Y.S.2d 471

RICHARD A. ROSENBLATT & COMPANY, INC., Appellant, v. DAVIDGE DATA SYSTEMS CORPORATION et al., Respondents.

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

Decided June 13, 2002.

Since the parties' contracts for installation of a computerized securities trading system were predominantly agreements for plaintiff's purchase of computer hardware and user rights to extant, off-the-shelf software, they were essentially contracts for the sale of goods and thus subject to UCC 2-725's four-year statute of limitations (see, Triangle Underwriters, Inc. v Honeywell, Inc., 604 F.2d 737). While defendants, pursuant to the...

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