| Blue Star Meat Corp. v Gourmet Box, Inc. |
| 2008 NY Slip Op 50819(U) [19 Misc 3d 137(A)] |
| Decided on April 23, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, New York
County (Joan M. Kenney, J.), dated April 23, 2007, which denied its motion for summary
judgment.
Per Curiam.
Order (Joan M. Kenney, J.), dated April 23, 2007, reversed, without costs, and plaintiff's motion for summary judgment in the principal sum of $7,584.24 granted.
Plaintiff established prima facie entitlement to summary judgment by producing invoices detailing the type, quantity and price of the items sold, together with proof of defendant's receipt and acceptance of the goods (see Sunkyong America, Inc. v Beta Sound of Music Corp., 199 Ad2d 100 [1993]). Defendant's bare allegations as to an alleged oral agreement for a discounted invoice price are inconsistent with the terms of the contract made out from the invoices, and belied by defendant's acknowledgment of the debt and plaintiff's demands for payment. In the absence of any documentation indicating that defendant, upon receipt of the invoices, disputed its obligation to make the requested payments or complained of plaintiff's failure to provide for discounts, the parol evidence rule codified in UCC § 2-202 bars the introduction of any purported oral agreement which would vary the price set forth in the invoices (see Raj Jewelers v Dialuck Corp., 300 AD2d 124, 126 [2002]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 23, 2008