Jesmer v. Retail Magic, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dickerson, J.
On this appeal, we are asked to consider whether a dissatisfied end user of a computer system may maintain a cause of action against the system’s manufacturer sounding in breach of contract where the end user did not purchase the system from the manufacturer, but from an authorized dealer. We also consider whether, in the absence of privity between the end user and the manufacturer, the end user may nonetheless maintain a cause of action against the manufacturer to recover damages for breach of implied warranties, or breach of express warranties contained in…
2Cases cited26 opinions
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Hallock v. StateNew York Court of Appeals · 1984
- ProCD, Inc. v. ZeidenbergCourt of Appeals for the Seventh Circuit · 1996
- Bellevue South Associates v. HRH Construction Corp.New York Court of Appeals · 1991
- Specht v. Netscape Communications Corp.Court of Appeals for the Second Circuit · 2002
21 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Parekh v. CainAppellate Division of the Supreme Court of the State of New York · 2012
- Waldman v. New Chapter, Inc.District Court, E.D. New York · 2010
- In re Conagra Foods Inc.District Court, C.D. California · 2012
- Moulton Paving, LLC v. Town of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2012
- In Re Hydroxycut Marketing & Sales Practices Lit.District Court, S.D. California · 2011
24 more not listed; retrieve them via the Exa API.