§ 2-A-516 — Effect of Acceptance of Goods; Notice of Default; Burden of Establishing Default After Acceptance; Notice of Claim or Litigation to Perso...

New York § 2-A-516

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 5: Default a In General B Default By Lessor C Default By Lessee
• Art. 2-A: Leases

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Section 2-A-516. Effect of Acceptance of Goods; Notice of Default;\n Burden of Establishing Default After Acceptance;\n Notice of Claim or Litigation to Person Answerable\n Over.\n (1) A lessee must pay rent for any goods accepted in accordance with\nthe lease contract, with due allowance for goods rightfully rejected or\nnot delivered.\n (2) A lessee's acceptance of goods precludes rejection of the goods\naccepted. In the case of a finance lease, other than a consumer lease in\nwhich the supplier assisted in the preparation of the lease contract or\nparticipated in negotiating the terms of the lease contract with the\nlessor, if made with knowledge of a nonconformity, acceptance cannot be\nrevoked because of it. In any other case, if made with knowledge of a\nnonconformity, acceptance cannot be revoked because of it unless the\nacceptance was on the reasonable assumption that the nonconformity would\nbe seasonably cured. Acceptance does not of itself impair any other\nremedy provided by this Article or the lease agreement for\nnonconformity.\n (3) If a tender has been accepted:\n (a) within a reasonable time after the lessee discovers or should\n have discovered any default, the lessee shall notify the\n lessor and the supplier, if any, or be barred from any remedy\n against the party not notified;\n (b) except in the case of a consumer lease, within a reasonable\n time after the lessee receives notice of litigation for\n infringement or the like (Section 2-A-211) the lessee shall\n notify the lessor or be barred from any remedy over for\n liability established by the litigation; and\n (c) the burden is on the lessee to establish any default.\n (4) If a lessee is sued for breach of a warranty or other obligation\nfor which a lessor or a supplier is answerable over the following apply:\n (a) the lessee may give the lessor or the supplier, or both,\n written notice of the litigation. If the notice states that\n the person notified may come in and defend and that if the\n person notified does not do so that person will be bound in\n any action against that person by the lessee by any\n determination of fact common to the two litigations, then\n unless the person notified after seasonable receipt of the\n notice does come in and defend that person is so bound; and\n (b) the lessor or the supplier may demand in writing that the\n lessee turn over control of the litigation including\n settlement if the claim is one for infringement or the like\n (Section 2-A-211) or else be barred from any remedy over. If\n the demand states that the lessor or the supplier agrees to\n bear all expense and to satisfy any adverse judgment, then\n unless the lessee after seasonable receipt of the demand does\n turn over control the lessee is so barred.\n (5) Subsections (3) and (4) apply to any obligation of a lessee to\nhold the lessor or the supplier harmless against infringement or the\nlike (Section 2-A-211).\n