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Fabbis Enterprises, Inc. v. Sherwin-Williams Co.

New York City Court

40 Misc. 3d 1203(A) (2013)

Facts

Fabbis Enterprises, Inc. (Fabbis) (plaintiff) owned a boat that needed to be repainted. A Fabbis employee went to a Sherwin-Williams Co. (defendant) store and explained that he was repainting the exterior of the boat and needed a durable, high-gloss exterior paint. The employee bought and applied the paint recommended by the store manager, but the paint did not provide a glossy finish, and it was not suitable for marine use. The paint did not damage the boat, but it needed to be removed and the boat needed to be sanded and repainted. Fabbis paid $750 for the paint but paid $14,000 for paint removal, sanding, and repainting. Fabbis sued Sherwin-Williams for negligent misrepresentation and asked for $14,000 in damages. Sherwin-Williams moved to dismiss, arguing that Fabbis’s tort claim was barred by New York’s economic-loss doctrine.

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Holding and Reasoning (Panebianco, J.)

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