Bazak International Corp. v. Mast Industries, Inc.

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the telecopied purchase order forms signed by Bazak constitute confirmatory writings under the merchant's exception to the Statute of Frauds, allowing the breach of contract claim to proceed, and also found the fraud count sufficiently pleaded. Justice Alexander dissented, arguing the orders were merely offers and the fraud claim was inadequately pleaded.