Legal Opinion
Fischer v. General Electric Hotpoint
Suffolk County District Court
Decided April 22, 1981PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Lawrence Newmark, J.
The plaintiff purchased a refrigerator from the defendant for use in his home. The refrigerator malfunctioned during the warranty period and the defendant agreed to make repairs. However, the defendant refused to compensate the plaintiff for the food that was spoiled since the contract excluded liability for consequential damages. Thus, the question presented is whether the exclusion is effective on a consumer contract.
Subdivision (3) of section 2-719 of the Uniform Commercial Code permits the limitation or exclusion of liability for consequential…
2Cases cited4 opinions
- Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
- State v. Avco Financial Service of New York Inc.New York Court of Appeals · 1980
- Jefferson Credit Corp. v. MarcanoCivil Court of the City of New York · 1969
- Rodriguez v. NachamieAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by4 opinions
- Lewis Refrigeration Company, a Corporation v. Sawyer Fruit, Vegetable and Cold Storage CompanyCourt of Appeals for the Sixth Circuit · 1983
- Kraft Foods North America, Inc. v. Banner Engineering & Sales, Inc.District Court, E.D. Virginia · 2006
- Avildsen v. PrystayAppellate Division of the Supreme Court of the State of New York · 1991
- Siemens Credit Corp. v. Marvik Colour, Inc.District Court, S.D. New York · 1994