Legal Opinion
Lupa v. Jock's
New York City Court
Decided March 20, 1986PublishedCited by 4 opinions
1Opinion of the Court
*537OPINION OF THE COURT
Frank M. Klinger, J.
We hold today that language in bold print on the back of a contract, sufficient itself linguistically under Uniform Commercial Code § 2-316 to exclude the implied warranty of merchantability, but printed in such light texture as to render it difficult to read, is not "conspicuous” under UCC 2-316 and therefore ineffective to exclude the implied warranty of merchantability, even though the front of the contract contains clearly marked language such as "see reverse side for guaranty” below the customer’s signature. We hold also that absent specific…
2Cases cited4 opinions
- Greenspun v. American Adhesives, Inc.District Court, E.D. Pennsylvania · 1970
- Natale v. Martin Volkswagen, Inc.Utica City Court · 1978
- Commericial Credit Corp. v. CYC Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Victor v. MammanaNew York Supreme Court · 1979
3Cited by4 opinions
- Williams v. Planet Motor Car, Inc.Civil Court of the City of New York · 2001
- Ireland v. J.L.'s Auto Sales, Inc.Arcadia Justice Court · 1992
- American General Finance, Inc. v. Bassett (In re Bassett)Court of Appeals for the Ninth Circuit · 2002
- In Re Darlene M. Bassett, Debtor. American General Finance, Inc. v. Darlene M. Bassett, in Re Darlene M. Bassett, Debtor. Darlene M. Bassett v. American General Finance, Inc.Court of Appeals for the Ninth Circuit · 2002