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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46721 Judge Straniere IN HIS SMALL-claims breach of contract action, the claimant alleged that defendant did not deliver patio furniture that the claimant contracted and paid for. Two chairs were not delivered as ordered. Defendant refused to accept the return of the furniture on the ground that the furniture was custom made. General Business Law �396-u, which governs the delivery of merchandise, including furniture, does not apply to custom-made furniture. The court awarded damages to claimant, including $861 in treble damages under �396-u. Noting that the claimant had selected the furniture from a catalog and that defendant then submitted the order to the manufacturer, the court found that the furniture was not custom-made. In addition to finding that defendant violated �396-u by, among other things, refusing to honor the claimant’s election to cancel the contract and refund the claimant’s money, the court found that defendant ignored the claimant’s right to rescind the contract under Uniform Commercial Code 2-601.

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