...(UCC 2-201). We conclude that annotated purchase order forms signed by the buyer, sent to the seller and retained without objection, fall within the merchant's exception, satisfying the statutory...the only writings alleged in the complaint — the purchase orders sent by Bazak to Mast, and Mast's confirmation of receipt of the purchase orders — were insufficient under UCC 2-201 to satisfy the...(UCC 2-201). We conclude that they did, and therefore reverse the Appellate Division order. At the heart of the dispute are two issues involving the telecopied purchase orders...

...writing cannot be otherwise modified or rescinded. . . . (3) The requirements of the statute of frauds section of this Article (Section 2-201) must be satisfied if the contract as modified is within its provisions. As Dallas notes, the Agreement does not exclude modifications, so § 2-209(2) does not apply. However, because the Agreement as purportedly modified is a sale of goods for $500 or more, it does fall within UCC § 2...-201, the statute of frauds. The relevant portions of UCC § 2...." N.Y. UCC § 2-201, Official Comment ¶ 2. Accordingly, partial performance of contractual obligations validates a contract, but only to the extent of such partial performance. Id. Here, however...

..., the contracts are for the sale of goods and, under the Statute of Frauds provision of the Uniform Commercial Code (UCC 2-201), they meet the requirements for enforceability despite any deficiency in...conflict in this case between the more general Statute of Frauds contained in General Obligations Law § 5-701 and that made particularly applicable to contracts for the sale of goods under UCC 2-201. In...different requirements for inclusion of a contractual term as to price under General Obligations Law § 5-701 and UCC 2-201. We think the clear implication of the holding in Fox Co. is that a...

...agreement entered into between the parties was enforceable under the Statute of Frauds (UCC 2-201). We hold that it was not. The sole basis for jurisdiction was an alleged oral agreement between plaintiff...was unenforceable unless the purchase order between the State of New York and plaintiff, which plaintiff sent to defendant, satisfied the "merchant's exception" (UCC 2-201) to the Statute of Frauds...and the party receiving it has reason to know its contents" (UCC 2-201). Further, whether documents constitute confirmatory writings "must be determined from the documents themselves, as a matter of law...

..., the difference between the contract price and plaintiff's costs to cover. Defendant argues that the statute of frauds (UCC 2-201) bars recovery and further argues that he is not...a "merchant" as that term is defined in the Uniform Commercial Code (UCC 2-104). Plaintiff on the other hand contends that the defendant is a merchant and seeks such a declaration from the court. A contract for the sale of goods at a price exceeding $500 must be in writing to be enforceable. (UCC 2-201.) As...writing confirming the oral contract unless the party objects in writing within 10 days (UCC 2-201). UCC 2-104 (1) defines in pertinent part a merchant as a person who either deals in goods of a...

...exceptions applies to the general requirement that contracts for the sale of goods valued at over $500 be in writing (see UCC 2-201). Here, plaintiff relies on UCC 2-201(3)(c), which provides an...exception to the writing requirement where "the goods have been received and accepted" (UCC 2-201 [c]). Plaintiff argues that defendant "accepted" the car by acting in a manner "inconsistent with...[plaintiff's] ownership" (UCC 2-606 [c]). We cannot agree. A review of the record reveals no evidence of any act by defendant demonstrating an intention by defendant to resume ownership of the vehicle but...

...be maintained because of the Statute of Frauds (UCC § 2-201); (2) the complaint fails to state a cause of action; and (3) the court lacks jurisdiction over Kidder's person. The..., between Kidder in Ohio, and Boone Associates in New York. The defendant Kidder argues that UCC 2-201 (1) makes an oral contract for the sale of $500 or more worth of goods, unenforceable against a...made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker" (UCC 2-201). The Statute of Frauds applicable to the sale of goods provides that...

...agreement for the provision of goods and services, a writing was required pursuant to UCC 2-201 (see, Schenectady Steel Co. v. Trimpoli Gen. Constr. Co..., set forth the $90,000 contract price and, by incorporation of the project's plans and specifications, indicating the quality of goods involved, was clearly sufficient to meet the requirements of UCC 2-201 (2...

..., which are clearly unenforceable under the Statute of Frauds on sales (UCC 2-201) absent the requisite writing...plaintiff's letterhead, which was faxed to Establishment the next day. Such memorandum constituted "a writing in confirmation of the contract" pursuant to UCC 2-201 (2) and thus...satisfied the formal requirements of UCC 2-201 (1) unless written notice of objection to its contents was given within ten days after it was received, which was not done...

...the invoices received in evidence. The appellant's retention of the invoices without making a timely objection gave rise to an enforceable account stated ( see UCC 2-201; Bay Ridge Lbr. Co...retention of the goods delivered without timely objection ( see UCC 2-204; 2-207 [3]). The appellant's remaining contentions are without merit. ...

..."). Two questions involving the interpretation and application of the Code were raised in the district court and argued here. The first of these concerns the Sales Article's statute of frauds, UCC § 2-201. It...either of two subsections of UCC § 2-201. First, it is not disputed that the goods have been received and accepted by the defendant. This being so, the transaction is clearly without the statute of...frauds, UCC § 2-201(3)(c). Even if this were not so, it is also admitted that Big Wheel received invoices for the sales in question which contained the letterhead of Associated, the quantity and price...

...so modified, the order is affirmed insofar as. appealed and cross-appealed from, with one bill of costs payable by the plaintiff to the defendant Gaylord East Corp. Under UCC 2-201 (1...subsequent writings which passed between the parties demonstrated confirmation of the alleged contract in accordance with UCC 2-201 (2). Accordingly, Gaylord East Corp. was entitled to summary judgment...dismissing the complaint insofar as asserted against it on the basis that the alleged contract did not comply with the Statute of Frauds ( see, UCC-201...

...expressly discussed by the parties. To balance the need of buyers and sellers to do business efficiently UCC 2-201 (2) provides that in contracts between merchants, boiler-plate terms in buyers' or sellers...respondent." ( Trafalgar Sq. v Reeves Bros., 7 UCC Rep Serv 712 [Sup Ct, NY County 1970].) The First Department, relying independently on pre-UCC law and UCC 2-201 (2), reversed and compelled...oral agreement is the usual and recognized contract between the parties and has become part of our statutory law (Uniform Commercial Code, § 2-201, subd. [2])." ( Loudon Mfg. v American Efird Mills, 46 AD2d 637, 638.) This clear signal in the 1970s that arbitration clauses in a confirmatory writing were per se enforceable under UCC 2...

...deciding this motion, the court need not determine the exact terms of the contract, only whether the forum selection clause was a part of it. Under UCC § 2-204, a contract for the sale of goods may be made in any manner sufficient to show agreement, including conduct of the parties. UCC § 1-201(3...the forum selection clause was a part of the parties' agreement. Defendant also argues that the terms of the Dealer Agreement are enforceable under the provisions of UCC § 2-201 since...defendant sent the Agreement to plaintiff on June 3, 1991, and plaintiff never objected. UCC § 2-201(2) provides that, [b]etween merchants, if within...

...denied all motions and each party appeals. We first address the contractual arrangement between plaintiffs and Northville. Pursuant to UCC 2-201, oral contracts involving a sale of...goods admitted ( see, UCC 2-201 [b]). Here, although it is undisputed that the contract was oral and involved the sale of goods for $500 or more...1991 through December 1994 when the contract was allegedly terminated by plaintiffs, and therefore any contractual obligation subsequent to December 1994 was unenforceable pursuant to UCC 2-201. We...

...satisfy the statute of frauds, a matter not disputed by the parties. See UCC § 2-201. Under the UCC, all contracts "for the sale of goods for the price of $500 or more" must be in writing. UCC § 2-201. In...). In other words, terms governed by UCC § 2-207 are those terms that were never expressly agreed upon; rather, they appear only later as non-negotiated terms in confirmatory memoranda or other types of business forms purporting to "confirm" what was previously discussed orally. UCC § 2-201 Official..., therefore, not recoverable by Olefins under UCC § 2-710. Appellee's Br. at 33-35 (citing Peoples' Democratic Republic of Yemen v. Goodpasture, Inc...

...excess of $500 to be enforced (UCC 2-201; Crabtree Automotive v BMW of N. Am., 105 A.D.2d 825, 826). In light of the failure of the...principal sum of $72,868 plus interest upon $58,756.52 of that sum from August 2, 1983, and interest upon $14,111.48 of that sum from July 29, 1983, and the matter is remitted to the Supreme Court...

...commerce and set forth the guidelines for their enforceability in the Code's statute of frauds section, UCC § 2-201. Section 2-201(1...way of action or defense. The Code's exception to this general rule is set forth in UCC § 2-201(2) which enforces oral contracts made between merchants if evinced by a written confirmation sufficient...against the sender. Under UCC § 2-201(2) a written confirmation of an oral contract, signed by the sender, satisfies the statute of frauds and permits enforcement of the prior oral contract even...

...Indus., 73 N.Y.2d 113, 119, 538 N.Y.S.2d 503, 535 N.E.2d 633, quoting UCC 2–201[1...its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within 10 days after it is received" ( UCC 2–201[2...] ). Here, contrary to the defendant's contentions, the Supreme Court properly found that the writings submitted by the plaintiff satisfied UCC 2–201(2...

...court's determination, that the Statute of Frauds (see, UCC 2-201) bars the plaintiff's first cause of action to recover damages for breach of an alleged oral agreement approving the plaintiff as...(see, International Prods. Co. v. Erie R.R. Co., 244 N.Y. 331, cert denied 275 U.S. 527; PJI 2:230). Moreover, the cause of action sounding in fraudulent...