UCC 2-607 (1) requires a buyer to pay at the contract rate for any goods accepted and subdivision (3) of that section provides that upon buyer's failure to notify the seller of the alleged breach within a reasonable time, he is "barred from any remedy". Likewise, a "[r]evocation of acceptance must occur within a reasonable time after the buyer discovers * * * the ground for it" (UCC 2-608).
Thus, where the goods in question, as here, were delivered to defendant's designated consignee in October 1987 and it was not until May 1988 that defendant, in response to plaintiff's suit for payment first complained that the goods were delivered late, such defense must be deemed untimely raised and insufficient to raise a triable issue of fact barring the grant of summary judgment to plaintiff. (See, Import Traders v. Frederick Mfg. Corp., 117 Misc.2d 305, 306-307.)
Concur — Kupferman, J.P., Asch, Kassal, Rosenberger and Smith, JJ.