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· 11/19/2013

Laity v. State

Citations

  • 22 N.Y.3d 979
  • 979 N.Y.S.2d 551
  • 2013 NY Slip Op 91636
  • 2 N.E.3d 918
  • 2013 WL 6067984
  • 2013 N.Y. LEXIS 3167

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that disclaimer was not conspicuous as required by OCGA § 11-2-316 (2) given that only the introductory language was capitalized and the actual disclaimer language was in exactly the same size and color type as the remainder of the contract
  • Language in the body of a form is conspicuous if it is in larger or other contrasting type or color.
  • even a non-conspicuous disclaimer can exclude liability for breach of express, as opposed to implied, warranty
  • even a non-conspicuous disclaimer can exclude liability for breach of express, as opposed to implied, warranty

Source: CourtListener parenthetical corpus (CC0).

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