Legal Opinion

Brower v. Gateway 2000, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided August 13, 1998PublishedCited by 86 opinions

1Opinion of the Court

OPINION OF THE COURT

Milonas, J. P.

Appellants are among the many consumers who purchased computers and software products from defendant Gateway 2000 through a direct-sales system, by mail or telephone order. As of July 3, 1995, it was Gateway’s practice to include with the materials shipped to the purchaser along with the merchandise a copy of its “Standard Terms and Conditions Agreement” and any relevant warranties for the products in the shipment. The Agreement begins with a “Note to the Customer,” which provides, in slightly larger print than the remainder of the document, in a box that…

2Cases cited16 opinions

  1. Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
  2. Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
  3. ProCD, Inc. v. ZeidenbergCourt of Appeals for the Seventh Circuit · 1996
  4. Rich Hill and Enza Hill, on Behalf of a Class of Persons Similarly Situated v. Gateway 2000, Inc., and David PraisCourt of Appeals for the Seventh Circuit · 1997
  5. In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978

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3Cited by86 opinions

  1. register.com, Inc. v. Verio, Inc.Court of Appeals for the Second Circuit · 2004
  2. Schnabel v. Trilegiant Corp. & Affinion, Inc.Court of Appeals for the Second Circuit · 2012
  3. Ragone v. Atlantic Video at the Manhattan CenterCourt of Appeals for the Second Circuit · 2010
  4. Monica L. McDowell Elvig v. Calvin Presbyterian Church Will AcklesCourt of Appeals for the Ninth Circuit · 2004
  5. Berkson v. Gogo LLCDistrict Court, E.D. New York · 2015

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