Legal Opinion
Sam's Marine Park Enterprises, Inc. v. Admar Bar & Kitchen Equipment Corp.
Civil Court of the City of New York
Decided February 20, 1980PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Lorraine S. Miller, J.
When realization does not live up to a buyer’s expectations, should the seller be charged with breaching a warranty of fitness for use and merchantability?
This is the tale of a pushcart that wouldn’t push. Or so plaintiff claims in this action for $10,000 damages.
Plaintiff buyer is the purveyor of franks, ice cream and soda in Brooklyn’s sylvestral Marine Park. These exotic epicurean edibles are separately sold from small picturesque pushcarts pursuant to a permit plaintiff purchases every three years from the New York City Department of Parks. The…
2Cases cited10 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Rinaldi v. . Mohican Co.New York Court of Appeals · 1918
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Temple v. . KeelerNew York Court of Appeals · 1924
- Mitler v. FriedebergNew York Supreme Court · 1961
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ontai v. Straub Clinic & Hospital Inc.Hawaii Supreme Court · 1983