63 A.D.2d 765 | N.Y. App. Div. | 1978
Appeals from orders of the Supreme Court at Special Term, entered October 12, 1977 in Otsego County, which denied motions by defendant, Lafayette Radio Electronics Corporation, to dismiss the complaints as against it for failure to state a cause of action. In the month of April, 1974, the executive vice-president of Lafayette Radio Electronics Corporation wrote to the president of the plaintiff corporation requesting him to contact the president of the defendant, Unimetrics, Inc., relative to the possibility of a subcontract for marine depth finders. In the month of November, 1974, an arrangement was agreed upon and plaintiff tooled up for production. On February 4, 1975, Unimetrics, Inc., placed an initial order for the depth finder. This order was signed by the executive vice-president of the defendant, Lafayette Radio Electronics Corporation. The facts as to what transpired thereafter are a little confusing, but it appears that the purchase orders or agreement may have thereafter been modified with regard to purchase price and reimbursement of the plaintiff for tooling. In any event, quantities of depth finders were delivered. Some proved defective, and plaintiff was not paid the entire amount of its billings, which resulted in the commencement of these actions. The defendant, Lafayette Radio Electronics Corporation, then moved to dismiss these actions against it on the ground that all of the alleged agreements with the plaintiff set forth in the complaint were made with the defendant, Unimetrics, Inc., and defendant, Lafayette Radio Electronics Corporation, was not involved in the agreement with the plaintiff. The affidavits submitted by plaintiff in opposition to the motion stated that the