Jefferson Credit Corp. v. Burt

Appellate Terms of the Supreme Court of New York

Jefferson Credit Corp. v. Burt

61 Misc. 2d 563, 306 N.Y.S.2d 559, 1969 N.Y. Misc. LEXIS 1053

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 21, 1969

StatusPublished

This text of 61 Misc. 2d 563 (Jefferson Credit Corp. v. Burt) 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.

Bluebook

Jefferson Credit Corp. v. Burt, 61 Misc. 2d 563, 306 N.Y.S.2d 559, 1969 N.Y. Misc. LEXIS 1053 (N.Y. Ct. App. 1969).

Pincite

Opinion

Per Curiam.

Appellant relies upon the failure to give written notice of a defense to the retail installment sales contract to give effect to the contract provision not to assert any defense against the assignee of the contract pursuant to subdivision 9 of section 302 of the Personal Property Law. Oral notice of the failure to deliver was given before the expiration of the statutory 10-day period and appellant investigated the defense without objecting to the oral notice or demanding a written notice. Once actual notice is given, written notice becomes [564]*564superfluous. Appellant’s conduct constitutes a waiver of written notice and estops it from demanding such notice.

The judgment should be affirmed, with $25 costs.

Concur — Quinn, J. P., Gold and Markowitz, JJ.

Judgment affirmed, etc.

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Per Curiam.

Appellant relies upon the failure to give written notice of a defense to the retail installment sales contract to give effect to the contract provision not to assert any defense against the assignee of the contract pursuant to subdivision 9 of section 302 of the Personal Property Law. Oral notice of the failure to deliver was given before the expiration of the statutory 10-day period and appellant investigated the defense without objecting to the oral notice or demanding a written notice. Once actual notice is given, written notice becomes [564]*564superfluous. Appellant’s conduct constitutes a waiver of written notice and estops it from demanding such notice.

The judgment should be affirmed, with $25 costs.

Concur — Quinn, J. P., Gold and Markowitz, JJ.

Judgment affirmed, etc.

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Bluebook (online)

61 Misc. 2d 563, 306 N.Y.S.2d 559, 1969 N.Y. Misc. LEXIS 1053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-credit-corp-v-burt-nyappterm-1969.