NY Drilling, Inc. v. TJM, Inc.

573 F. Supp. 3d 854 (2021)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

NY Drilling, Inc. v. TJM, Inc.

United States District Court for the Eastern District of New York
573 F. Supp. 3d 854 (2021)

  • Written by Tammy Boggs, JD

Facts

NY Drilling, Inc. (plaintiff) purchased two hydraulic crawler drilling rigs from TJM, Inc. (defendant). The two rigs malfunctioned multiple times and had to be taken out of service. NY Drilling sued TJM for breach of the implied warranty of merchantability (count one) and breach of the implied warranty of fitness (count two). TJM moved to dismiss counts one and two based on the parties’ purchase contract and its disclaimers of implied warranties. The written disclaimers were located immediately below the signature block that had been signed by a representative of NY Drilling. The disclaimers were in their own paragraph, next to irrelevant advertising, in all capital letters, and in a font and type size that were different from the surrounding text. The disclaimers read, in pertinent part: “TJM INC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, AND AGREES THAT NO WARRANTY IS IMPLIED WITH RESPECT TO THE CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.” The disclaimers also stated that NY Drilling’s signature on the contract signified its agreement to all the purchase contract’s terms and conditions.

Rule of Law

Issue

Holding and Reasoning (Komitee, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership