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DIRECTORY v. LAKE COUNTRY

193 Misc.2d 799 (2002)

753 N.Y.S.2d 660

DIRECTORY PUBLISHERS INC., Plaintiff, v. LAKE COUNTRY HEARTH & LEISURE, Defendant.

City Court of Auburn.

December 5, 2002.

Attorney(s) appearing for the Case

John P. Doyle, Jr., Auburn, for defendant.

Paul M. Aloi, Rochester, for plaintiff.

OPINION OF THE COURT

MICHAEL F. McKEON, J.

In an action seeking monies due and owing on a contract for yellow page advertisements in a phone book, the defendant raises as a defense a breach of the implied warranty for a particular purpose pursuant to Uniform Commercial Code § 2-315. The issue before this court, one of apparent first impression in New York, is whether a contract for yellow page advertising is

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