Arnold v. Bloom & Krup
This text of 203 Misc. 637 (Arnold v. Bloom & Krup) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The rescission judgment entered below is reversed on the grounds that plaintiff did not comply with the provisions of section 150 of the Personal Property Law and on the further ground of waiver of all warranties. (See Personal Property Law, § 152, and Lumbrazo v. Woodruff, 256 N. Y. 92.) The case of Horowitz v. Bursens (198 Misc. 399) is distinguishable on the facts.
The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.
Eder and Hecht, JJ., concur; Hammer, J., dissents and votes for affirmance.
Judgment reversed, etc.
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Cite This Page — Counsel Stack
203 Misc. 637, 122 N.Y.S.2d 431, 1953 N.Y. Misc. LEXIS 1853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-bloom-krup-nyappterm-1953.