Fenske Printing, Inc. v. Brinkman

(specially concurring).

I specially concur to say that the samples submitted by State Publishing did comply with the specification requirement and were subject to testing as to color and weight. Therefore, I perceive no undue advantage that has been taken of appellant.

Any noncompliance here was, at most, minimal. “Slight and insignificant imperfections or deviations may be ‘overlooked, on the principle of de minimis non curat *49lex,’ ” Cassino v. Yacevich, 261 App.Div. 685, 687, 27 N.Y.S.2d 95, 98 (1941), “which means that the law will not concern itself with trifles.” Yeakel v. Driscoll, —…