Bartus v. Riccardi

284 N.Y.S.2d 222 (1967)

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Nature of the Case

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Facts

Riccardi (D) needed a hearing aid and was prescribed an A-660. D was told by Bartus (P) that the A-660 had been improved and that D should purchase the improved model A-665. After taking delivery of the A-665, D returned it complaining that it did not meet his prescription. P then informed D that he would replace it with the model A-660 as originally ordered. D refused to accept the replacement. P sued for the unpaid balance of the contract for the A-665. P alleged that he had the right to cure even after the rejection of the model as nonconforming.