RICE v. BURRITT MOTORS


124 Misc.2d 712 (1984)

Lora J. Rice, Plaintiff, v. R. M. Burritt Motors, Inc., Defendant.

City Court of Oswego.

June 19, 1984


Attorney(s) appearing for the Case

Lora J. Rice, plaintiff pro se. R. M. Burritt Motors, Inc., defendant pro se.


FRANK M. KLINGER, J.

The question presented is whether clearly visible language on a contract for sale of a used car by a retail dealer "AS IS — No warranty expressed or implied" may negate the statutory "warranty of serviceability" which now exists in New York State. Although there is relatively little case law on the subject, this warranty of serviceability is rapidly becoming quite significant.

The defendant, a car dealership, sold a...

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