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PALMUCCI v. BRUNSWICK CORP.

311 N.J. Super. 607 (1998)

RUSSELL PALMUCCI, PLAINTIFF-APPELLANT, v. BRUNSWICK CORPORATION D/B/A MERCRUISER AND SANBORN MARINE CENTER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1998.

Attorney(s) appearing for the Case

Ira Gottlieb, argued the cause for appellant (Lasser Hochman, attorneys; Mr. Gottlieb, on the brief).

Kevin M. McKeon, argued the cause for respondent Brunswick Corporation (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Mr. McKeon, on the brief).

William E. Paulus, argued the cause for respondent Sanborn Marine Center (Charles P. Hopkins, II, attorney; Laura G. Degnan, on the brief).

Before Judges STERN, KLEINER and KIMMELMAN.

The opinion of the court was delivered by KLEINER, J.A.D.

In this appeal, we are required to compare two separate provisions of the Uniform Commercial Code: N.J.S.A. 12A:2-608 and N.J.S.A. 12A:2-719.

N.J.S.A. 12A:2-608 provides:

(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it (a) on the reasonable assumption that its...

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