Section 2-A-517. Revocation of Acceptance of Goods.

Terms Used In N.Y. Uniform Commercial Code 2-A-517

  • Commercial unit: means such a unit of goods as by commercial

    usage is a single whole for purposes of lease and division of

    which materially impairs its character or value on the market

    or in use. See N.Y. Uniform Commercial Code 2-A-103
  • Consumer lease: means a lease that a lessor regularly

    engaged in the business of leasing or selling makes to a

    lessee who is an individual and who takes under the lease

    primarily for personal, family, or household purposes. See N.Y. Uniform Commercial Code 2-A-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Finance lease: means a lease with respect to which: (i) the

    lessor does not select, manufacture, or supply the goods;

    (ii) the lessor acquires the goods or the right to possession

    and use of the goods in connection with the lease; and (iii)

    one of the following occurs: (A) the lessee receives a copy

    of the contract by which the lessor acquired the goods or the

    right to possession and use of the goods before signing the

    lease contract; (B) the lessee's approval of the contract by

    which the lessor acquired the goods or the right to

    possession and use of the goods is a condition to

    effectiveness of the lease contract; (C) the lessee, before

    signing the lease contract, receives an accurate and complete

    statement designating the promises and warranties, and any

    disclaimers of warranties, limitations or modifications of

    remedies, or liquidated damages, including those of any third

    party, such as the manufacturer of the goods, provided to the

    lessor by the person supplying the goods in connection with

    or as part of the contract by which the lessor acquired the

    goods or the right to possession and use of the goods; or (D)

    if the lease is not a consumer lease, the lessor, before the

    lessee signs the lease contract, informs the lessee in

    writing (a) of the identity of the person supplying the goods

    to the lessor, unless the lessee has selected that person and

    directed the lessor to acquire the goods or the right to

    possession and use of the goods from that person, (b) that

    the lessee is entitled under this Article to the promises and

    warranties, including those of any third party, provided to

    the lessor by the person supplying the goods in connection

    with or as part of the contract by which the lessor acquired

    the goods or the right to possession and use of the goods,

    and (c) that the lessee may communicate with the person

    supplying the goods to the lessor and receive an accurate and

    complete statement of those promises and warranties,

    including any disclaimers and limitations of them or of

    remedies. See N.Y. Uniform Commercial Code 2-A-103
  • Goods: means all things that are movable at the time of

    identification to the lease contract, or are fixtures

    (Section 2-A-309), but the term does not include money,

    documents, instruments, accounts, chattel paper, general

    intangibles, or minerals or the like, including oil and gas,

    before extraction. See N.Y. Uniform Commercial Code 2-A-103
  • Lease: means a transfer of the right to possession and use

    of goods for a term in return for consideration, but a sale,

    including a sale on approval or a sale or return, or

    retention or creation of a security interest is not a lease. See N.Y. Uniform Commercial Code 2-A-103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease agreement: means the bargain, with respect to the

    lease, of the lessor and the lessee in fact as found in their

    language or by implication from other circumstances including

    course of dealing or usage of trade or course of performance

    as provided in this Article. See N.Y. Uniform Commercial Code 2-A-103
  • Lessee: means a person who acquires the right to possession

    and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103
  • Lessor: means a person who transfers the right to possession

    and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103
  • Lot: means a parcel or a single article that is the subject

    matter of a separate lease or delivery, whether or not it is

    sufficient to perform the lease contract. See N.Y. Uniform Commercial Code 2-A-103

(1) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it:

(a) except in the case of a finance lease, on the reasonable

assumption that its nonconformity would be cured and it has

not been seasonably cured; or

(b) without discovery of the nonconformity if the lessee's

acceptance was reasonably induced either by the lessor's

assurances or, except in the case of a finance lease, by the

difficulty of discovery before acceptance.

(2) Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee.

(3) If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.

(4) Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.

(5) A lessee who so revokes has the same right and duties with regard to the goods involved as if the lessee had rejected them.