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JEFFERSON CREDIT CORPORATION v. WILLIAM BURT ET AL. (11/21/69)

NEW YORK SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT


November 21, 1969

JEFFERSON CREDIT CORPORATION, APPELLANT,
v.
WILLIAM BURT ET AL., RESPONDENTS

Jefferson Credit Corp. v. Burt, 61 Misc. 2d 561, affirmed.

Concur -- Quinn, J. P., Gold and Markowitz, JJ.

Author: Per Curiam

 Appellant relies upon the failure to give written notice of a defense to the retail installment sales contract to give effect to the contract provision not to assert any defense against the assignee of the contract pursuant to subdivision 9 of section 302 of the Personal Property Law. Oral notice of the failure to deliver was given before the expiration of the statutory 10-day period and appellant investigated the defense without objecting to the oral notice or demanding a written notice. Once actual notice is given, written notice becomes superfluous. Appellant's conduct constitutes a waiver of written notice and estops it from demanding such notice.

The judgment should be affirmed, with $25 costs.

Judgment affirmed, etc.

Disposition

Judgment affirmed, etc.

19691121

© 1998 VersusLaw Inc.



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