New York Court of Appeals
Wilson Trading Corporation v. David Ferguson, Ltd.
December 12, 196823 N.Y.2d 398
Summary
The New York Court of Appeals reversed the Appellate Division and denied the plaintiff's summary judgment motion, holding that factual issues remain regarding the discoverability of latent shading defects and the timeliness of notice. The court reasoned that the contract's time‑limitation clause, as applied to latent defects, is unreasonable and must yield to the UCC's general remedy provisions.