LUPA v. JOCK'S


131 Misc.2d 536 (1986)

Mary Lupa, Plaintiff, v. Jock's, Defendant.

City Court of Oswego, Oswego County.

March 20, 1986


Attorney(s) appearing for the Case

James G. Grose for plaintiff. Ernest Turell for defendant.


FRANK M. KLINGER, J.

We hold today that language in bold print on the back of a contract, sufficient itself linguistically under Uniform Commercial Code § 2-316 to exclude the implied warranty of merchantability, but printed in such light texture as to render it difficult to read, is not "conspicuous" under UCC 2-316 and therefore ineffective to exclude the implied warranty of merchantability, even though...

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