In affirming the grant of summary judgment on a breach of contract cause of action regarding the purchase of furniture accepted by the defendant, the Third Department explained the relevant law under the UCC:
Because the transaction predominantly involved the sale of goods, the parties’ rights and remedies are governed by UCC article 2 … . The parties’ oral contract is enforceable because both parties acknowledge the existence of that contract (see UCC 2-201 [3] [b]). The UCC provides that acceptance of goods takes place, among other ways, when the buyer fails to reject them after having a reasonable opportunity to inspect them (see UCC 2-606 [1] [b]…). A buyer must pay for accepted goods at the contract rate (see UCC 2-607 [1]), but may eliminate or diminish the amount claimed by a seller by asserting a valid counterclaim for breach of the sales agreement … . Where a seller has allegedly breached the contract, a buyer who has accepted the goods “must within a reasonable time after he [or she] discovers or should have discovered any breach notify the seller of breach or be barred from any remedy” (UCC 2-607 [3] [a]…).
Plaintiff met its burden on the summary judgment motion by submitting proof that it delivered and installed the furniture, defendant accepted the furniture by retaining it without attempting to return it, and defendant only paid the $13,250 down payment on the $44,330.21 contract… . Accent Commercial Furniture Inc v P. Schneider & Associates, PLLC, 515940, 3rd Dept 10-31-13