There is a newer version of the New York Consolidated Laws
2006 New York Code - Affirmative Defenses.
* § 697-b. Affirmative defenses. 1. It shall be an affirmative defense to claim under this section that: (a) the nonconformity, defect or condition does not substantially impair such value; (b) the nonconformity, defect or condition is the result of abuse, neglect or unauthorized modifications or alterations of the farm equipment; (c) a claim by the consumer was not filed in good faith; or (d) any other affirmative defense allowed by law. 2. It shall be presumed that a reasonable number of attempts have been undertaken to conform the farm equipment to the applicable express warranties, if: (a) the same nonconformity, defect or condition has been subject to repair four or more times by the supplier or its authorized dealers and such nonconformity continues to exist; or (b) the farm equipment is out of service by reason of repair of one or more nonconformities by the supplier or its dealer for a cumulative total of thirty or more calendar days during the warranty period. 3. The term of an express warranty, the one year warranty period and the thirty day out of service period shall be extended by any reasonable time during which repair services are not available to the consumer for reasons which shall include war, terrorist attack, pestilence, invasion or strike, fire, flood or other natural disaster or unforeseen and unanticipated extraordinary circumstances. * NB Effective April 1, 2006
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