CONGRESS TALCOTT CORPORATION v. SHAPIRO

In this breach of contract action, we accord due deference to Supreme Court's factual findings that defendant agreed to accept late delivery of goods and failed to give reasonable notice of any objection to delivery of goods to a different destination (cf., Matter of Liccione v. John H., 65 N.Y.2d 826, 827). Although an oral agreement would not be effective to modify the delivery terms of the original contract (UCC 2-209), the proof established that the original contract delivery date had been waived by an executed oral modification (UCC 2-209; Nassau Trust Co. v. Montrose Concrete Prods. Corp., 56 N.Y.2d 175). The record also supports the court's holding that by failing to give reasonable notice of his objection to the place of delivery, Shapiro waived any right to contest the same (UCC 2-605).

Concur — Carro, J.P., Wallach, Kupferman, Asch and Kassal, JJ.