Arthur Jaffee Associates v. Bilsco Auto Service, Inc.

New York Court of Appeals March 22, 1983

Arthur Jaffee Associates v. Bilsco Auto Service, Inc., 58 N.Y.2d 993 (N.Y. 1983)

448 N.E.2d 792; 461 N.Y.S.2d 1007; 1983 N.Y. LEXIS 2944

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

*995The Appellate Division properly granted the defendant’s motion for summary judgment. The motion papers presented no question of fact for trial sufficient to negate the validity and binding effect of the disclaimer of warranty coverage. In addition, on the facts of this case, there being no privity between the purchaser and the defendant there can be no implied warranty.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Order affirmed, with costs, in a memorandum.

Reference

Full Case Name: Arthur Jaffee Associates v. Bilsco Auto Service, Inc., and Lancia of America, Division of Fiat Motors of North America, Inc.
Cited By: 47 cases
Status: Published