Cuba Cheese, Inc. v. Aurora Valley Meats, Inc.

Order unanimously affirmed, with costs.

Memorandum: Plaintiff commenced an action for the purchase price of cheese sold and delivered to defendant. Defendant interposed an answer including a counterclaim for damages alleging that plaintiff breached its contract by selling cheese that was unfit for human consumption. Plaintiff appeals from a denial of its motion for summary judgment contending that defendant is barred, as a matter of law, from any remedy because it failed to timely notify plaintiff of the alleged breach (UCC 2-607 [3] [a]). A purchaser, even after acceptance of the goods, may…