| Certified Inspections, Inc. v Garfinkel |
| 2008 NY Slip Op 50702(U) [19 Misc 3d 134(A)] |
| Decided on March 25, 2008 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from the Justice Court of the Town of Cortlandt, Westchester County (Gerald M.
Klein, J.), entered December 11, 2006. The judgment, after a nonjury trial, dismissed the
complaint.
Judgment affirmed without costs.
A review of the record on appeal indicates that the Justice Court correctly ruled that the subject agreement came within the purview of section 426 (1) of article 10-A of the Personal Property Law, commonly known as the Door-To-Door Sales Protection Act. We note that the contract did not provide for any repair or maintenance upon the defendants' personal property and, thus, does not fall within the exception set forth in section 426 (1) (d).
The contract provided by plaintiff failed to contain the terms required by article 10-A, particularly with regard to the right of cancellation as provided in Personal Property Law section 428. Under the circumstances, defendants effectively cancelled the contract, and the lower court properly dismissed the complaint.
Rudolph, P.J., Molia and Scheinkman, JJ., concur.
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Decision Date: March 25, 2008