Kimco Leasing Co. v. Lake Hortonia Properties

Defendants Lake Hortonia Properties d/b/a The New You Fitness Center and its guarantors appeal from a judgment for $33,987.61, plus costs and attorney’s fees, in favor of plaintiff Kimco Leasing Company, which had sued to recover monies due under the terms of an equipment lease agreement. In defense, defendants asserted that plaintiff had breached implied warranties of merchantability and fitness for a particular purpose under Article 2 of the Uniform Commercial Code (UCC) because the equipment was defective. The court held that plaintiff was not the seller of the equipment, but rather the…