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MULITEX USA, INC. v. MARVIN KNITTING MILLS, INC.

12 A.D.3d 169 (2004)

784 N.Y.S.2d 506

MULITEX USA, INC., Respondent, v. MARVIN KNITTING MILLS, INC., Appellant, et al., Defendant.

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

November 4, 2004.

In this dispute over goods sold and delivered, the trial court properly concluded that the numerous detailed invoices confirming the agreements made between plaintiff and MKM constituted confirmatory writings in accordance with the merchant's exception set forth in UCC 2-201 (2). Since MKM never made a timely objection to those invoices, it cannot now assert the statute of frauds as a defense (see B & R Textile Corp. v Domino Textiles, 77 A.D.2d...

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