Erwin Pearl, Inc. v. Burroughs Corp.

Order, Supreme Court, New York County (D. Vincent Cerrito, J.), entered August 10, 1982, which, inter alia, granted reargument *620and, upon reargument, vacated the court’s prior order, which dismissed the complaint, with prejudice, is reversed, on the law and the facts, and the prior order reinstated, with costs. In May, 1976, plaintiff Erwin Pearl, Inc. (Pearl) purchased from defendant Burroughs Corporation (Burroughs) a computer and the essential software programs. Pearl contends that, even though it received delivery of the computer, Burroughs allegedly never supplied the necessary software.…