Legal Opinion
Tandy Computer Leasing v. A.T.C. Control Service, Inc.
New York Supreme Court
Decided January 20, 1988PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
John R. Tenney, J.
In this nonjury trial, plaintiff established that the payments had not been made on a computer lease. It sought to accelerate the contract and recover the full amount.
The defendant contends that the computer never worked and seeks to raise the breach of warranty defenses. Plaintiff *129says these defenses are only available against the manufacturer and the supplier, and they are not parties to this suit.
The defendant went into a Tandy Corporation subsidiary, Radio Shack, to buy a computer. He spoke to a salesman who appeared to work for the store, and he was…
2Cases cited5 opinions
- Industralease Automated & Scientific Equipment Corp. v. R. M. E. Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Hertz Commercial Leasing Corp. v. Transportation Credit Clearing House, Inc.Civil Court of the City of New York · 1969
- Hertz Commercial Leasing Corp. v. Transportation Credit Clearing House, Inc.Appellate Terms of the Supreme Court of New York · 1970
- United States Leasing Corp. v. Franklin Plaza Apartments, Inc.Civil Court of the City of New York · 1971
- Pronti v. DML of Elmira, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
3Cited by3 opinions
- Master Lease Corp. v. Manhattan Limousine, Ltd.Appellate Division of the Supreme Court of the State of New York · 1992
- United States Achievement Academy, LLC v. Pitney Bowes, Inc.District Court, E.D. Kentucky · 2006
- Commercial Lease Funding Corp. v. Lenny's Little New Yorker, Inc.Appellate Division of the Supreme Court of the State of New York · 1994