Sonnenberg v. Nolan Motors Inc.
This text of 2 Misc. 2d 185 (Sonnenberg v. Nolan Motors Inc.) 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 plaintiff by his contract having waived any implied warranty, any recovery must be based only on a breach of the uniform warranty made part of the agreement. (Personal Property Law, § 152; Plimpton v. Brown Bros. Co., 224 N. Y. 724; Lumbrazo v. Woodruff, 256 N. Y. 92, 96; Lee v. Industrial Laundry Mach. Co., 261 App. Div. 741; Sayeg v. Gloria Light Co., 236 App. Div. 761; 106 A. L. R. 1466.)
The order should be reversed, motion granted, with $30 costs to appellant against plaintiff to abide the event, and judgment vacated.
Hammer. Shientag and Miller, JJ., concur.
Order reversed, etc.
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Cite This Page — Counsel Stack
2 Misc. 2d 185, 36 N.Y.S.2d 549, 1942 N.Y. Misc. LEXIS 1231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sonnenberg-v-nolan-motors-inc-nyappterm-1942.