Litho Communications, Inc. v. Next Printing & Design, Inc.

*169Order, Supreme Court, New York County (Karla Moskowitz, J.), entered September 29, 2003, which denied plaintiffs motion for summary judgment dismissing defendant’s counterclaims, unanimously reversed, on the law, without costs, the motion granted and the counterclaims dismissed. The Clerk is directed to enter judgment accordingly.

Defendant contracted to purchase used printing presses from plaintiff and now alleges that the contract of sale was breached because the presses are defective. Defendant, however, agreed in its contract with plaintiff to take the presses “as is” and, accordingly, has…