Toto We're Home, LLC v. Beaverhome.Com, Inc.

754 N.Y.S.2d 334 (2003)

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Nature of the Case

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Facts

P contracted with D to purchase wood flooring for the total price of $15,124.69, which P paid in full. D was unable to deliver the flooring. P canceled the order and contracted to purchase comparable flooring from a different supplier who had it in stock, at a cost of $19,166.25. P sued D for the breach. The Supreme Court granted P's motion for summary judgment to the extent of recovering the purchase price of $15,124.69 but denied the motion as to recover the additional costs of obtaining replacement goods. P appealed.