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

NEW YORK SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT 1969.NY.43558 <http://www.versuslaw.com>; 306 N.Y.S.2d 559; 61 Misc. 2d 563 November 21, 1969 JEFFERSON CREDIT CORPORATION, APPELLANT,v.WILLIAM BURT ET AL., RESPONDENTS Jefferson Credit Corp. v. Burt, 61 Misc. 2d 561, affirmed. Rood, Schwartz & Cohen (Jerold R. Ruderman of counsel), for appellant. Concur -- Quinn, J. P., Gold and Markowitz, JJ. Author: Per Curiam


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

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