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TERWILLIGER v. MAX CO., LTD.

209 CA 15-00453.

137 A.D.3d 1699 (2016)

28 N.Y.S.3d 507

2016 NY Slip Op 02226

CHARLES TERWILLIGER et al., Respondents-Appellants, v. MAX CO., LTD., et al., Appellants-Respondents, et al., Defendant. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 25, 2016.

It is hereby ordered that said cross appeal from the order insofar as it granted that part of defendants' motion with

[137 A.D.3d 1700]
respect to the claim for breach of implied warranty of merchantability/fitness for ordinary purposes is unanimously dismissed (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 A.D.2d 985, 985 [1990]) and the order is affirmed without costs.

Memorandum: Plaintiffs...

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