BELVISION, INC. v. GEN. ELEC. CO.


46 Misc.2d 952 (1965)

Belvision, Inc., Respondent, v. General Electric Company, Appellant.

Supreme Court, Appellate Term, First Department.

April 22, 1965


Attorney(s) appearing for the Case

Donovan Leisure Newton & Irvine (Robert F. Morten and Peter W. Mitchell of counsel), for appellant. Norman D. Fiedler for respondent.

Concur — TILZER, J. P., GOLD and CAPOZZOLI, JJ.


Per Curiam.

Where an offer explicitly states that the goods offered for sale are offered on an "as is" basis, that all warranties are excluded, and that no modifications to the contract may be effected save by specified officers of the vendor, the exhibition of one of the items by an employee of the vendor, accompanied by said employee's oral statement that the remainder of the goods corresponds to the "sample" exhibited, does not suffice to change the character...

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