Mulitex USA, Inc. v. Marvin Knitting Mills, Inc.

Judgment, Supreme Court, New York County (Helen E. Freedman, J.), entered March 9, 2004, after a nonjury trial, which, to the extent appealed from, awarded plaintiff the principal sum of $165,500 against defendant Marvin Knitting Mills (MKM), unanimously affirmed, with costs.

In this dispute over goods sold and delivered, the trial court properly concluded that the numerous detailed invoices confirming the agreements made between plaintiff and MKM constituted confirmatory writings in accordance with the merchant’s exception set forth in UCC 2-201 (2). Since MKM never made a timely objection to…