Legal Opinion
J.C. Construction Management Corp. v. Nassau-Suffolk Lumber & Supply Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2005Published
1Opinion of the Court
In an action, inter alia, to recover damages for breach of an express warranty and implied warranties of merchantability or fitness for a particular purpose, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Werner, J.), dated October 20, 2003, which, after a nonjury trial, is in favor of the defendant and against it, dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
A cause of action to recover damages for breach of an express warranty requires proof of reliance (see Gale v International Bus. Machs. Corp., 9 AD3d 446, 447 [2004]; Strishak &…
2Cases cited5 opinions
- Andre Strishak & Associates, P.C. v. Hewlett Packard Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Gale v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Saratoga Spa & Bath, Inc. v. Beeche Systems Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Episcopal Church Home of Western New York, Inc. v. Bulb Man, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Schneidman v. Whitaker Co.Appellate Division of the Supreme Court of the State of New York · 2003