52 A.D.2d 776 | N.Y. App. Div. | 1976
Judgment, Supreme Court, New York County, entered April 23, 1974 in favor of plaintiff after nonjury trial is unanimously reversed, on the law and the facts, the complaint is dismissed and judgment is directed in favor of defendant-appellant Arthur Gestetner against plaintiff on the counterclaim for $869, with interest and costs. Appellant shall recover of respondent $60 costs and disbursements of this appeal. Subdivision (1) of 2-609 of the Uniform Commercial Code provides: “A contract for sale imposes an obligation on each party that the other’s