Bakal v. Burroughs Corp., 74 Misc. 2d 202, 343 N.Y.S.2d 541 (1972) (full-text).
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.
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; and that therefore, recovery was denied.
- Id. at 203-04, 343 N.Y.S.2d at 542-43.
- Id. at 204-06, 343 N.Y.S.2d at 543-45.