Legal Opinion
Terwilliger v. Max Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2016PublishedCited by 5 opinions
1Opinion of the Court
Appeal and cross appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered November 12, 2014. The order, inter alia, granted in part and denied in part the motion of defendants for summary judgment.
It is hereby ordered that said cross appeal from the order insofar as it granted that part of defendants’ motion with *1700respect to the claim for breach of implied warranty of merchantability/fitness for ordinary purposes is unanimously dismissed (see Loafin’ Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985, 985 [1990]) and the order is affirmed without costs.
Memorandum:…
2Cases cited12 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Denny v. Ford Motor Co.New York Court of Appeals · 1995
- Scarangella v. Thomas Built Buses, Inc.New York Court of Appeals · 1999
- Wesp v. Carl Zeiss, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Fritz v. White Consolidated Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mancuso v. Reebok Intl., Ltd.Appellate Division of the Supreme Court of the State of New York · 2022
- Palmatier v. Mr. Heater Corp.Appellate Division of the Supreme Court of the State of New York · 2018
- Dingeldey v. VMI-EPE-HOLLAND B.V.District Court, W.D. New York · 2025
- Rickicki v. Borden Chem.Appellate Division of the Supreme Court of the State of New York · 2018
- TERWILLIGER, CHARLES v. MAX CO., LTD.Appellate Division of the Supreme Court of the State of New York · 2016