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NORWEST FIN. LEASING, INC. v. PARISH OF ST. AUGUSTINE

251 A.D.2d 125 (1998)

674 N.Y.S.2d 312

Norwest Financial Leasing, Inc., as Assignee of Gestetner Services, Inc., Appellant, v. Parish of St. Augustine, Doing Business as St. Augustine Parish and Others, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 16, 1998

Concerning the lease, the general disclaimer of warranties was inconsistent with the express undertaking to service and repair the leased equipment, and is therefore ineffective (UCC 2-316 [1]; see, Wintel Serv. Corp. v MSW Elecs. Corp., 161 A.D.2d 764). Concerning the assignment, triable issues of fact exist as to whether plaintiff, as assignee of the lessor, took defendant's lease in good faith and without notice of defendant...

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