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Bakal v. Burroughs Corp., 74 Misc. 2d 202, 343 N.Y.S.2d 541 (1972) (full-text).

Factual Background[]

The purchaser of a computer system brought suit claiming breach of the implied warranty of merchantability and breach of the implied warranty of fitness for a particular purpose, and requesting consequential damages.[1]

Trial Court Proceedings[]

The court found that the contract signed by the purchaser contained provisions waiving express and implied warranties and all consequential damages; that those provisions met the requirements of U.C.C. §2-316[1]; and that therefore, recovery was denied.[2]


  1. Id. at 203-04, 343 N.Y.S.2d at 542-43.
  2. Id. at 204-06, 343 N.Y.S.2d at 543-45.