Directory Publishers Inc. v. Lake Country Hearth & Leisure

OPINION OF THE COURT

Michael F. McKeon, J.

In an action seeking monies due and owing on a contract for yellow page advertisements in a phone book, the defendant raises as a defense a breach of the implied warranty for a particular purpose pursuant to Uniform Commercial Code § 2-315. The issue before this court, one of apparent first impression in New York, is whether a contract for yellow page advertising is *800a contract for the sale of goods as that term is defined in UCC 2-105. That determination is crucial to the outcome of this case since if this court holds to the contrary, the implied…