Bawi U. S. Center, Inc. v. Joe Brand, Inc.

—Order, Supreme Court, New York County, entered March 16, 1976, unanimously reversed, on the law, and motion for settlement of statement pursuant to CPLR 3031 et seq. granted. Appellant shall recover of respondent $40 costs and disbursements of this appeal. The contract between plaintiff-appellant, a seller of merchandise, and defendant-respondent purchaser, contained a provision calling for use of our simplified procedure statute. A dispute arose concerning timeliness of delivery according to what appears to be no more than a “best efforts” clause, looking hopefully to delivery by a certain…