Rockland Industries, Inc. v. Frank Kasmir Associates

ORDER

ROBERT W. PORTER, District Judge.

Kasmir has asserted that Rockland orally agreed to continue making three of its patterns available for a period of at least two years after Kasmir’s booking of them. The parties both characterize any such “continuity agreement,” in the absence of evidentiary bar, as constituting a requirements contract. Requirements and output contracts subject to the Uniform Commercial Code are governed by section 2-316 of that Code. That section makes it clear that parties may choose a quantity term solely referable to the buyer’s requirements. U.C.C. § 2-306(l). 1 Had…