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Why Many Implied Warranty Claims Fail Under New York Law

By way of background, implied warranties are primarily applied in two contexts in New York: (1) in the breach of contract for goods context;  and, (2) where a product was not safe for its intended use, i.e.,  in the defective consumer products context (for more on the latter category, please see “How to Prove a [...]

What You Can Do Under New York Law When You’re Sold Defective Goods

In Bimini Boat Sales, Inc. v.  Luhrs Corp., plaintiff Bimini, a retail boat dealer, bought a fishing boat from boat manufacturer Luhrs, intending to resell the boat to the general public. Unfortunately for Bimini, after they received the boat from Luhrs, they discovered that the boat had several defects that were serious enough to render [...]

Posted Under: Breach of contract, commercial litigation, defective goods
This post was written by Jonathan Cooper on January 31, 2010 Comments (0)