B & R Textile Corp. v. Domino Textiles, Inc.

Order, Supreme Court, New York County, entered November 1,1979, which denied plaintiff-appellant’s motion to dismiss the affirmative defense of Statute of Frauds alleged in defendant-respondent’s answer, unanimously reversed, on the law, and motion to dismiss the affirmative defense granted, with costs. The formal requirements of the Statute of Frauds as to sales are set forth in subdivision (1) of section 2-201 of the Uniform Commercial Code. Subdivision (2) of said section provides an exception, in recognition of the usual and customary practice followed by merchants, to wit: "(2) Between…