Extended Search
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type
Extended Search
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type

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.