Supreme Court of New York, Appellate Term
939 N.Y.S.2d 740 (N.Y. Sup. 2011)
The plaintiff bought a genetically defective dog from the defendant, a breeder, and the dog got sick and died. The plaintiff did not inform the defendant that the dog was sick or that it died. Rather, the plaintiff brought suit for breach of implied warranty of merchantability. The Civil Court of the City of New York, Queens County, found in favor of the plaintiff. The defendant appealed.
Rule of Law
Holding and Reasoning (Per Curiam)
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