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BESTFORM, INC. v. HERMAN

23 A.D.3d 253 (2005)

804 N.Y.S.2d 80

BESTFORM, INC., Respondent, v. BURTON G. HERMAN et al., Defendants, and CENTURY BUSINESS CREDIT CORPORATION, Appellant.

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

November 17, 2005.

We affirm for the following reasons (see Matter of American Dental Coop. v Attorney-General of State of N.Y., 127 A.D.2d 274, 279 n 3 [1987]). Notwithstanding that defendant-appellant's payment obligation was recited to be "conditioned upon" a confirmation by the buyer of plaintiff's merchandise that the goods shipped "conform" to the buyer's purchase orders, the payment obligation was not subject to an express condition precedent...

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