Even though Primary Electrical Supply failed to timely provide certain electrical equipment, Aldona Fire Protection eventually accepted the delivery, and later declined to honor the applicable invoice.
When litigation ensued, the Queens County Supreme Court ultimately awarded Primary $61,230.30.
While Aldona argued that the delivery delay wasn't reasonable, the Appellate Division, Second Department, thought any objection to the tardiness had been waived, and that Aldona was responsible for the sums found to be due.
Now that wasn't so shocking, was it?
To view a copy of the Appellate Division's decision, please use this link: Primary Elec. Equip., Inc. v Aldona Fire Protection, Inc.