SAM'S PARK v. ADMAR EQUIP


103 Misc.2d 276 (1980)

Sam's Marine Park Enterprises, Inc., Plaintiff, v. Admar Bar & Kitchen Equipment Corporation, Defendant.

Civil Court of the City of New York, Kings County.

February 20, 1980.


Attorney(s) appearing for the Case

Mintz & Richman (Theodore Richman of counsel), for plaintiff. Joseph Leder for defendant.


LORRAINE S. MILLER, J.

When realization does not live up to a buyer's expectations, should the seller be charged with breaching a warranty of fitness for use and merchantability?

This is the tale of a pushcart that wouldn't push. Or so plaintiff claims in this action for $10,000 damages.

Plaintiff buyer is the purveyor of franks, ice cream and soda in Brooklyn's sylvestral Marine Park. These...

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