Commercial Division Blog
Court Enforces Warranty Waiver, Dismissing Claim
On August 2, 2017, the Second Department issued a decision in Joka Industries, Inc. v. Doosan Infracore America Corp., 2017 NY Slip Op. 05941, affirming the dismissal of a breach of warranty claim based on a contractual waiver, explaining:
[T]he defendants demonstrated their prima facie entitlement to judgment as a matter of law dismissing the causes of action alleging breach of the implied warranty of fitness for a particular purpose and breach of the implied warranty of merchantability by demonstrating that they expressly and conspicuously disclaimed these implied warranties in the contract of sale. Similarly, the defendants demonstrated their prima facie entitlement to judgment as a matter of law dismissing the cause of action to recover consequential and incidental damages by establishing that the cause of action was barred by a limitation of liability provision in the contract of sale. In opposition, the plaintiff failed to raise a triable issue of fact as to whether the disclaimers of the implied warranties were enforceable and as to whether the limitation of liability provision was unconscionable.
(Internal quotations and citations omitted).