Legal Opinion
Fung-Yee Ng v. Barnes & Noble, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided September 11, 2003PublishedCited by 4 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered July 22, 2002, which denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiffs cross motion to amend the complaint to allege breach of an implied warranty of merchantability, unanimously reversed, on the law, without costs, the motion granted, and the cross motion denied. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.
Plaintiffs complaint alleges she was injured by hot tea she purchased from defendant. She claims it was served to her in two…
2Cases cited5 opinions
- Robinson v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1980
- Daniels v. Empire-Ore, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Huppe v. Twenty-First Century Restaurants of America, Inc.New York Supreme Court · 1985
- Olliver v. Heavenly Bagels, Inc.New York Supreme Court · 2001
- Greene v. Boddie-Noell Enterprises, Inc.District Court, W.D. Virginia · 1997
3Cited by4 opinions
- Clinton v. Brown & Williamson Holdings, Inc.District Court, S.D. New York · 2007
- McClean v. National Center for Disability ServicesAppellate Division of the Supreme Court of the State of New York · 2006
- Khanimov v. McDonald's Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Sekkat v. Huitres NYC, Inc.Appellate Division of the Supreme Court of the State of New York · 2017