KOCH v. ACKER, MERRALL & CONDIT COMPANY

2902, 601220/08

73 A.D.3d 661 (2010)

901 N.Y.S.2d 271

WILLIAM I. KOCH, Respondent, v. ACKER, MERRALL & CONDIT COMPANY, Appellant.

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

Decided May 27, 2010.


The "Conditions of Sale/Purchaser's Agreement" included in each of defendant's auction catalogues contains an "as is" provision alerting prospective purchasers that defendant "makes no express or implied representation, warranty, or guarantee regarding the origin, physical condition, quality, rarity, authenticity, value or estimated value of [the wine]," that any statements made by defendant were "opinion only, and shall not be relied upon by any bidder," and that "[p]rospective...

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