Episcopal Church Home of Western New York, Inc. v. Bulb Man, Inc.

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action alleging, inter alia, that defendant breached the implied warranty of merchantability by selling plaintiff defective ballasts for light fixtures. The implied warranty of merchantability provides that goods will be fit for the ordinary purposes for which they are used (see, UCC 2-314 [2] [c]; Gordon v Ford Motor Co., 260 AD2d 164, 165; Butler v Interlake Corp., 244 AD2d 913, 915). Supreme Court properly determined, following a bench…