Summary
stating the "terms are not binding upon the purchaser because the invoice was not sent within a reasonable time within the meaning of UCC 2-207" and citing Wiencken v. Mill-Rite Sash Door Co. (In re Empire Pac. Indus., Inc.), 71 B.R. 500 (Bankr. D. Or. 1987)
Summary of this case from Coastal Native Plant Spec. v. Engineered Textile Prod.Opinion
November 19, 1993
Appeal from the Supreme Court, Onondaga County, Murphy, J.
Present — Denman, P.J., Green, Balio, Fallon and Boomer, JJ.
Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: We disagree with Supreme Court that plaintiff Niagara Computer Sales, Inc., was bound by the one-year Statute of Limitations set forth in the invoice. Its terms are not binding upon the purchaser because the invoice was not sent within a reasonable time within the meaning of UCC 2-207 (1) (see, In re Empire Pac. Indus., 71 B.R. 500).