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TANDY v. A.T.C. CONTROL SERV.

139 Misc.2d 128 (1988)

Tandy Computer Leasing, a Division of Tandy Electronics, Inc., Plaintiff, v. A.T.C. Control Service, Inc., Defendant.

Supreme Court, Oneida County.

January 20, 1988

Attorney(s) appearing for the Case

Kernan & Kernan, P. C., for plaintiff. Schwartz, Grossman & Pozefsky for defendant.

JOHN R. TENNEY, J.

In this nonjury trial, plaintiff established that the payments had not been made on a computer lease. It sought to accelerate the contract and recover the full amount.

The defendant contends that the computer never worked and seeks to raise the breach of warranty defenses. Plaintiff says these defenses are only available against the manufacturer and the supplier, and they are not...

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