SONNENBERG v. NOLAN MOTORS

Supreme Court, Appellate Term, First Department.

Jul 1, 1942

Judgment

CaseIQ

Per Curiam.

The plaintiff by his contract having waived any implied warranty, any recovery must be based only on a breach of the uniform warranty made part of the agreement. (Personal Property Law, § 152; Plimpton v. Brown Bros. Co., 224 N.Y. 724; Lumbrazo v. Woodruff, 256 N.Y. 92, 96; Lee v. Industrial Laundry Mach. Co., 261 App. Div. 741; Sayeg v. Gloria Light Co., 236 App. Div. 761; 106 A.L.R. 1466.)

The order should be reversed, motion granted, with $30 costs to appellant against plaintiff to abide the event, and judgment vacated.

HAMMER, SHIENTAG and MILLER, JJ., concur.

Order reversed, etc.