Section 2-A-212 - Implied Warranty of Merchantability(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.(2) Goods to be merchantable must be at least such as:(a) pass without objection in the trade under the description in the lease agreement;(b) in the case of fungible goods, are of fair average quality within the description;(c) are fit for the ordinary purposes for which goods of that type are used;(d) run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;(e) are adequately contained, packaged, and labeled as the lease agreement may require; and(f) conform to any promises or affirmations of fact made on the container or label.(3) Other implied warranties may arise from course of dealing or usage of trade.N.Y. U.c.c. Law § 2-A-212