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$2.1 Million Summary Judgment for Sale of Goods

Nicholas Caputo, Philip Simpson and Michael Korn of Robinson Brog recently obtained summary judgment for the purchase price of goods sold by its client Rocheux International of New Jersey against Defendants Merchants of Tenants, et al. for the sum of at least $2,100,000. In a 60-page written decision by Chief Judge Garret Brown of the District of New Jersey that was chosen for publication, the Court not only granted Rocheux summary judgment, but also denied Defendants the opportunity to add a counterclaim against Rocheux for over $2,000,000. While the court found an issue of fact as to whether Defendants received Rocheux’s standard terms and conditions, the Court held as a matter of law that the terms therein for 18% interest and reasonable attorneys fees did not materially alter the contract under the Uniform Commercial Code. That left open the possibility that Rocheux could recover at trial substantial sums for interest and attorney’s fees from the Defendants. The Court’s decision can found here, and at 2010 WL 3833733, 72 UCC Rep.Serv.2d 1048.