Jacobs v. Tile Shoppe Enterprises, Inc.

Memorandum: Supreme Court properly denied plaintiffs motion for partial summary judgment. We note at the outset that *1674the only cause of action addressed in plaintiffs brief on appeal is the fourth cause of action, for breach of warranty, and she addresses only that part of the cause of action with respect to breach of warranty of fitness for a particular purpose (see UCC 2-315). Thus, that is the only issue properly before us. We affirm. Plaintiff met her initial burden on the motion by establishing that she relied on defendant’s representations that the tile she purchased was fit for a…