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Precision Mirror & Glass v. Nelms

New York City Civil Court
797 N.Y.S.2d 720 (2005)

Written by Rich Walter, JD

Facts

Precision Mirror & Glass (Precision) (plaintiff) contracted to custom-make a glass tabletop for Bobby Nelms (defendant). Two days later, despite the contract’s explicit no-cancellation clause, Nelms tried to cancel his order. By that time, Precision had already cut the glass to Nelms’ specifications. Nelms refused to pick up or pay for the tabletop. Precision sued Nelms under New York’s Uniform Commercial Code (UCC). Precision’s evidence established that, because of the tabletop’s unusual design and dimensions, it would be hard to resell the piece to another customer.

Rule of Law

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Issue

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Holding and Reasoning (DiDomenico, J.)

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