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SONNENBERG v. NOLAN MOTORS

2 Misc.2d 185 (1942)

George Sonnenberg, Respondent, v. Nolan Motors Inc., Appellant, and Chrysler Corporation, Dodge Division, Respondent.

Supreme Court, Appellate Term, First Department.

July 1, 1942.

Attorney(s) appearing for the Case

Daniel J. Pinsky for appellant.

George H. Berman for George Sonnenberg, respondent.

Francis S. Bensel and Hancock Griffin, Jr., for Chrysler Corporation, Dodge Division, respondent.

HAMMER, SHIENTAG and MILLER, JJ., concur.

Per Curiam.

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...

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