Bazak International Corp. v. Mast Industries, Inc.

In my view, the purchase orders at issue here, which describe themselves as offers and do not otherwise indicate the existence of a completed agreement are not "sufficient against the sender” (UCC 2-201 [2]) because they fail to "indicate that a contract for sale has been made between the parties” (UCC 2-201 [1]). Consequently they are not confirmatory memoranda sufficient to satisfy the Statute of Frauds and plaintiffs contract cause of action was properly dismissed. Furthermore, plaintiff has failed to plead facts *126sufficiently independent of its contract claim to sustain its second cause of…