.... Under UCC article 2, following delivery of the allegedly nonconforming machine, plaintiff had the option to reject it ( see, UCC 2-602), revoke its acceptance upon discovery of the nonconformity ( see, UCC 2-608) or.... Logan, 114 A.D.2d 894). Defendant also presented evidence demonstrating that plaintiff failed to provide "the unequivocal timely notice" of revocation of acceptance as required by UCC 2-608 ( Sears...accept the machine and seek damages for the loss resulting from defendant's breach ( see, UCC 2-714). Defendant met its burden of establishing that the...

..., defendant had the option of rejecting the goods ( see, UCC 2-602, 2-711), accepting the goods but later revoking that acceptance ( see, UCC 2-608, 2...acceptance of the goods based on the reasonable assumption that the nonconformity would be cured but was not ( see, UCC 2-607; 2-608 [1] [a]). That revocation had to "occur within a reasonable...time" (UCC 2-608). Plaintiff contends that defendant never gave notice of any purported revocation. In opposition to plaintiff's motion, however, defendant submitted evidence that, once it received...

..."good condition" and "acceptable quality" of plaintiff's work product. Moreover, defendant did not comply with UCC 2-608, having inspected the product before receipt and not notifying the plaintiff...within a reasonable time thereafter that the product was non-conforming (see also, UCC 2-602). Concur — Sullivan, J.P., Wallach, Kupferman, Asch and Tom, JJ. ...

...acceptance of the failed computer system under UCC 2-608. On February 1, 1995, plaintiff, The Inn Between, Inc., hereinafter Inn Between, of Syosset, New York, entered into a contract to...., 479 F. Supp. 738, 742 [D NJ 1979]; NJ Stat Annot § 12A:2-608.) UCC 2-608 provides as follows: "(1) The buyer may revoke his acceptance of a lot or commercial...system on March 30, 1995, the first day of training. Specifically, the computer system went down for three hours while Remanco worked on the system. The next requirement of UCC 2-608, that...

...the car (see UCC 2-608). In general, a buyer who knew of a "non-conformity" in goods he accepted is precluded from revoking his acceptance of the goods unless he can establish that he had a...reasonable basis for assuming that the "non-conformity would be seasonably cured" (UCC 2-607 [2], [4]; see UCC 2-608). A buyer seeking to revoke his acceptance of goods based on a "non-conformity...the defects prior to his acceptance of the goods, or by the seller's assurances (see UCC 2-608 [1] [b]). In our view, plaintiff failed to prove the existence of any defects in the car which were...

...thereof (UCC 2-608). However, plaintiff has not established a basis for his revocation of acceptance of the non-defective scope mount he purchased at a later date. Where a purchaser justifiably revokes...his acceptance, he is entitled to a return of the purchase price paid (UCC 2-711), here $2,400 for the rifle, and a seller is generally entitled to a return of such item (UCC 2-608; 2-602 [2...

...time of the sale, the car was unsafe and could not pass inspection (UCC 2–313), and plaintiff established that she had properly revoked her acceptance of the vehicle, as its non-conformity substantially impaired its value to her (UCC 2–608). This...express warranty was not waived by the “as is” disclaimer (UCC 2–316[3][a] ). However, where, as here, a buyer revokes her acceptance of goods pursuant to UCC 2–608, the...of fitness for a particular purpose ( seeUCC 2–315, 2–316[3][a] ). However, the record shows that defendant had given plaintiff an express warranty, which was breached by the fact that, at the...

...the fact that, at the time of the sale, the car was unsafe and could not pass inspection (UCC 2-313), and plaintiff established that she had properly revoked her acceptance of the vehicle, as its non-conformity substantially impaired its value to her (UCC 2-608). This...express warranty was not waived by the "as is" disclaimer (UCC 2-316 [3] [a]). However, where, as here, a buyer revokes her acceptance of goods pursuant to UCC 2-608, the...an implied warranty of fitness for a particular purpose (see UCC 2-315, 2-316 [3] [a]). However, the record shows that defendant had given plaintiff an express warranty, which was breached by...

...., 179 AD2d 187, 191; see UCC 2-711; see also Grounds for revocation of acceptance of goods, 2 Hawkland UCC Series § 2-608:1...if he [or she] had rejected them" (UCC § 2-608[1]; see Hooper Handling, Inc. v Jonmark Corp...the seller that they are revoking (UCC 2-608[2]). Discussion In this case, the jury found that the...

...of the goods is unreasonable as a matter of law, where plaintiff paid $18 million for jewelry without any appraisal or verification of its nature or quality ( see UCC 2-608[2]; Tabor v Logan , 114...unreasonably late notice ( see UCC 2-607[3]). Plaintiff's claims for rescission and breach of the covenant of good faith and fair dealing are not separate from the breach of contract claim, and the dismissal of that claim mandates dismissal of these claims as well ( see UCC 2-608, Comment...warranty under UCC 2-313 and 2-314, as they were never pleaded or stipulated to, and there was no prior pending motion to amend. Were we to reach the claims, we would find that they are barred for...

...with the sale". In its instructions, the court erroneously intertwined two different theories, i.e., breach of warranty of title (UCC 2-312) and revocation of acceptance (UCC 2-608), into one cause of...action. Those two theories constitute separate causes of action, have independent procedure and notice requirements, and, if successful, result in different remedies ( see, UCC 2-312, 2-608, 2..., citing UCC 2-312, instructed the jury that the law to be applied "provides a remedy for individuals who claim that a seller of goods, such as a car, has breached a warranty of title in connection...

...not notify plaintiff of any defect in the goods until at least six months later in July, 1985. UCC § 2-607(3)(a) provides that where a buyer has accepted goods, he "must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy." See also UCC § 2-608(2...(S.D.N.Y. 1975) (seven or eight month delay in revocation after discovery held untimely under UCC § 2-608). Accordingly, defendant's counterclaim is dismissed. SO ORDERED ...tried. Id. Plaintiff's Motion Uniform Commercial Code ("UCC") § 2-607(1) provides, "The buyer must pay at the...

...of the automobile was "within a reasonable time" (UCC § 2-608; § 2-A-509[2]; see, Greacen v. Poehlman, 191 N.Y. 493, 498...

...( see UCC 2-602; 2-606 [1] [b]; see generally S H Bldg. Material Corp. v Riven, 176 AD2d 715, 717). The court also properly determined that defendant did not timely revoke its acceptance of the concentrate. Pursuant to UCC 2-608 (1...[defendant] discover[ed] or should have discovered the ground for it" (UCC 2-608; see Sears, Roebuck Co. v Galloway, 195 AD2d 825, 827; see generally S H Bldg. Material Corp., 176 AD2d at...UCC 1-205. The affidavits of defendant's president did not "explain" or "supplement" the unambiguous contract price but, rather, they impermissibly contradicted it (UCC 2-202 [a]; see Division of...

...difficulty of discovery before acceptance or by the seller's assurances. (UCC 2-608 [a], [b].) However, such "[r]evocation of acceptance must occur within a reasonable time after the buyer discovers or...should have discovered the ground for it * * *. It is not effective until the buyer notifies the seller of it." (UCC 2-608; emphasis added.) The Code, as aforestated, provides...contract for the sale of goods would be controlled by the provisions of the Uniform Commercial Code. (See, UCC 2-102.) Goods are defined in UCC 2-105 (1) as "all things...

...of default. Plaintiff contends that Xerox may not avail itself of those remedies because it accepted the equipment (UCC 2-606); did not give notice of the breach within a reasonable time after discovery (UCC 2-607 [a]); nor revoke acceptance in a timely manner (UCC 2-608). Although...the Uniform Commercial Code (see, Mileasing Co. v. Hogan, 87 A.D.2d 961), the parties agreed that UCC remedies are applicable in the event...

..., in opposition, the plaintiff raised a triable issue of fact as to whether the ggsalvage" or "rebuilt" designation of the vehicle substantially impaired its value to the plaintiff ( see UCC 2-608). The parties' remaining contentions are without merit. ...recover damages for fraud and breach of warranty, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Parga, J.), dated May 2, 2003, as granted...

...never pleaded, proved or submitted to the jury (UCC 2-608; see also, Tabor v. Logan, 114 A.D.2d 894). The sole cause of action submitted to...and defective, and because plaintiff made clear that he did not want it, "special circumstances" existed to warrant departure from the measure of damages under UCC 2-714 (2); the court concluded that...purchase price ( see, UCC 2-711), and must offer proof at the trial on damages as to the loss suffered as a consequence of defendant's breach of contract, including incidental and consequential...

..., lv denied 55 N.Y.2d 603). Defendant also contends that she revoked her acceptance, but there is no evidence of the unequivocal timely notice required by UCC 2-608 (2..., therefore, the parties' rights and obligations are governed by UCC article 2 (compare, Hass Co. v. Kristal Assocs., 127 A.D.2d 541, lv.... Mancini Assocs., 174 A.D.2d 136, 138), one of which is when the buyer fails to make an effective rejection after having had a reasonable opportunity to inspect the goods (UCC 2-606 [b...

...the palletizer "within a reasonable time after [it] discover[ed] . . . the ground" supporting revocation as required under UCC § 2-608, which allows buyers to revoke their acceptance of non...is true that Official Comment 1 to UCC § 2-608 states that one purpose of the section is to supplant the common law action of rescission. But revocation of acceptance...rejected the performance made by the seller." 4 R. Anderson, Uniform Commercial Code § 2-608:6 at 174 (1983). To rescind a sale contract, a buyer who "rightfully rejects or justifiably revokes acceptance" may cancel executory portions of the contract and recover the purchase price. Wis.Stat.Ann. § 402.711(1); UCC § 2...