Scaringe v. Holstein – Case Brief Summary (New York)

In Scaringe v. Holstein (103 AD2d 880, 477 N.Y.S.2d 903 [3rd Dept 1984]), the buyer of a used car sued the seller claiming breach of express warranty, a claim which requires the buyer's reliance upon the seller's warranties.

The claim was dismissed, because the buyer was found to be on notice that the car had a substantial transmission defect and could not be said to have reasonably relied on the seller's newspaper advertisement that the car was in "excellent condition."

Neither of these cases provide a basis for denying the Lornes leave to amend their complaint to allege claims under GBL §§ 349 and 350.