This text of New York § 2-A-508 (Lessee's Remedies) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Section 2-A-508. Lessee's Remedies.\n (1) If a lessor fails to deliver the goods in conformity to the lease\ncontract (Section 2-A-509) or repudiates the lease contract (Section\n2-A-402), or a lessee rightfully rejects the goods (Section 2-A-509) or\njustifiably revokes acceptance of the goods (Section 2-A-517), then with\nrespect to any goods involved, and with respect to all of the goods if\nunder an installment lease contract the value of the whole lease\ncontract is substantially impaired (Section 2-A-510), the lessor is in\ndefault under the lease contract and the lessee may:\n (a) cancel the lease contract (Section 2-A-505 (1));\n (b) recover so much of the rent and security as has been paid and is\njust under the circumstances;\n (c) cover and recover damages as to all goods af
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Section 2-A-508. Lessee's Remedies.\n (1) If a lessor fails to deliver the goods in conformity to the lease\ncontract (Section 2-A-509) or repudiates the lease contract (Section\n2-A-402), or a lessee rightfully rejects the goods (Section 2-A-509) or\njustifiably revokes acceptance of the goods (Section 2-A-517), then with\nrespect to any goods involved, and with respect to all of the goods if\nunder an installment lease contract the value of the whole lease\ncontract is substantially impaired (Section 2-A-510), the lessor is in\ndefault under the lease contract and the lessee may:\n (a) cancel the lease contract (Section 2-A-505 (1));\n (b) recover so much of the rent and security as has been paid and is\njust under the circumstances;\n (c) cover and recover damages as to all goods affected whether or not\nthey have been identified to the lease contract (Sections 2-A-518 and\n2-A-520), or recover damages for nondelivery (Sections 2-A-519 and\n2-A-520);\n (d) exercise any other rights or pursue any other remedies provided in\nthe lease contract.\n (2) If a lessor fails to deliver the goods in conformity to the lease\ncontract or repudiates the lease contract, the lessee may also:\n (a) if the goods have been identified, recover them (Section 2-A-522);\nor\n (b) in a proper case, obtain specific performance or replevy the goods\n(Section 2-A-521).\n (3) If a lessor is otherwise in default under a lease contract, the\nlessee may exercise the rights and pursue the remedies provided in the\nlease contract, which may include a right to cancel the lease, and in\nSection 2-A-519(3).\n (4) If a lessor has breached a warranty, whether express or implied,\nthe lessee may recover damages (Section 2-A-519(4)).\n (5) On rightful rejection or justifiable revocation of acceptance, a\nlessee has a security interest in goods in the lessee's possession or\ncontrol for any rent and security interest that has been paid and any\nexpenses reasonably incurred in their inspection, receipt,\ntransportation, and care and custody and may hold those goods and\ndispose of them in good faith and in a commercially reasonable manner,\nsubject to Section 2-A-527(5).\n (6) Subject to the provisions of Section 2-A-407, a lessee, on\nnotifying the lessor of the lessee's intention to do so, may deduct all\nor any part of the damages resulting from any default under the lease\ncontract from any part of the rent still due under the same lease\ncontract.\n