U

[[05712]] The code applies to transactions involving goods, but its provisions, as with its predecessor, the Uniform Sales Act, are not applicable to either 'service' or 'construction' contracts (1 Anderson, Uniform Commercial Code [2d ed.], §§ 2-102:5, 2-105:10, 2-105:11; see 1955 Report of N. Y. Law Rev. Comm., p. 361). If service predominates and the transfer of title to personal property is an incidental feature of the transaction, the contract does not fall within the ambit of the code, as it did not fall within the ambit of the Sales Act (Perlmutter v. Beth David Hosp., 308 N. Y. 100, 104-105; Ben Constr. ...