Sinco, Inc. v. Metro-North Commuter Railroad Co.,
99 Civ. 10631 (AKH), 2001 U.S. Dist. Lexis 1986 (S.D.N.Y. March 1, 2001)
The district court considered whether a tender so defective as to undermine the buyer’s confidence in seller’s ability to cure renders the seller’s attempts to cure futile. The court declined to adopt the “shaken faith” or “loss of confidence” doctrine to relieve the buyer of a fall protection system for the safety of its workers from its contractual duty to accept the seller’s attempted cure. Ultimately, however, the court granted summary judgment to the buyer after finding the seller’s attempts to cure were ineffective.
Continue Reading New York District Court Upholds Termination of Vendor on Grounds of Insufficiency of Offer of Cure