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· 4/12/2022

Paganini v. 40 W. 127th St., LLC

Citations

  • 204 A.D.3d 473
  • 167 N.Y.S.3d 61
  • 2022 NY Slip Op 02366

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a plaintiff may only recover on an implied warranty claim “if he can establish that some item traced to a specific defendant caused his injury”
  • affirming summary judgment on breach of warranty and negligence claims given the plaintiffs failure to identify manufacturer of hockey stick
  • plaintiff must \establish that some item traced to a specific defendant caused his injury\ in order to recover on claims of negligence or breach of implied warranties
  • plaintiff must “establish that some item traced to a specific defendant caused his injury” in order to recover on claims of negligence or breach of implied warranties
  • plaintiff must “establish that some item traced to a specific defendant caused his injury” in order to recover on claims of negligence or breach of implied warranties
  • “Even assuming in the plaintiffs favor that the [floor hockey] game — the concept and instructions — was the ’product’ which was sold . . ., there is no legal support for imposing liability on such a ’product’ where the seller does not provide a tangible item as well as instructions”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.