Congress Talcott Corp. v. Shapiro

— Judgment, Supreme Court, New York County (Francis N. Pécora, J.), entered on March 26, 1990, which, inter alia, found, after a non-jury trial, in favor of plaintiff in the amount of $52,732.14, unanimously affirmed, with costs.

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 NY2d 826, 827). Although an oral agreement would not be effective to modify the…