When Altronix Corporation agreed to buy a custom-built "fuse and clip insertion" machine from Central Machining Specialties, Inc., their contract specifically provided that the unit would have a cycle time of less than 80 seconds. When it later received a machine with a cycle time of 97 seconds, Altronix filed suit to recover damages for breach.
After the Suffolk County Supreme Court denied Altronix's request for relief, an appealed to the Appellate Division, Second Department, followed.
Since Central failed to comply with its contractual obligations, the AD2 thought the company was clearly liable for its non-performance.
Central must have blown a fuse!
To view a copy of the Appellate Division's decision, please use this link: Altronix Corp. v. Cen. Machining Specialties, Inc.