MUSICAL ELECTRONICS, LTD. v. US ELECTRONICS, INC.

3169, 603635/07, 3169A.

74 A.D.3d 691 (2010)

904 N.Y.S.2d 389

MUSICAL ELECTRONICS, LTD., Respondent, v. US ELECTRONICS, INC., Appellant.

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

Decided June 29, 2010.


Plaintiff, a Chinese manufacturer of portable consumer audio products, agreed to supply defendant, pursuant to an April 2004 purchase order, with 35,000 units of a "boom box" for sale in the United States by October 22, 2004. The motion court properly interpreted that agreement, together with a December 2004 addendum, as unambiguously modifying the original purchase order by contemplating production of an upgraded model, with a new schedule for the delivery of the modified...

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