Rice v. R. M. Burritt Motors, Inc.

OPINION OF THE COURT

Frank M. Klinger, J.

The question presented is whether clearly visible language on a contract for sale of a used car by a retail dealer “as is — No warranty expressed or implied” may negate the statutory “warranty of serviceability” which now exists in New York State. Although there is relatively little case law on the subject, this warranty of sei viceability is rapidly becoming quite significant.

The defendant, a car dealership, sold a used car to the plaintiff. The vehicle purchase agreement states in bold letters, which are clearly visible “as is — No warranty expressed…