Arigo v. Abbott & Cobb, Inc.

Judgment unanimously modified, on the law and facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff, a vegetable farmer, commenced this action to recover money damages for failure of a red onion crop allegedly caused by defective seed sold to him by defendant. The complaint alleged four alternate causes of action: breach of contract; breach of express warranty; negligence; and violation of article 9 of the Agriculture and Markets Law. Following a nonjury trial, plaintiff was awarded damages and costs totaling $10,141.65. Defendant appeals…