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LITHO COMMUNICATIONS, INC. v. NEXT PRINTING AND DESIGN, INC.

6 A.D.3d 168 (2004)

773 N.Y.S.2d 561

LITHO COMMUNICATIONS, INC., Appellant, v. NEXT PRINTING AND DESIGN, INC., Respondent.

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

April 1, 2004.

Defendant contracted to purchase used printing presses from plaintiff and now alleges that the contract of sale was breached because the presses are defective. Defendant, however, agreed in its contract with plaintiff to take the presses "as is" and, accordingly, has no claim for breach of contract based on the condition of the machines (see Sarfowaa v Claflin Apts., 284 A.D.2d 228 [2001]).

Similarly, we find that defendant...

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