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CAYUGA v. ALLIS-CHALMERS

95 A.D.2d 5 (1983)

Cayuga Harvester, Inc., Doing Business as Calmar Farms, Appellant-Respondent, v. Allis-Chalmers Corporation et al., Respondents, and R. C. Church & Sons, Inc., Respondent-Appellant

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

July 11, 1983

Attorney(s) appearing for the Case

Melvin & Melvin (Louis Levine of counsel), for appellant-respondent.

Mackenzie, Smith, Lewis, Michell & Hughes (Charlene E. McGraw of counsel), for respondent-appellant.

Bond, Schoeneck & King (George H. Lowe and Thomas R. Smith of counsel), for respondents.

CALLAHAN, DENMAN, MOULE and SCHNEPP, JJ., concur.

HANCOCK, JR., J. P.

Under the Uniform Commercial Code, the parties to a sale may, within certain limitations, allocate the risks of their bargain by limiting the remedy of the buyer (Uniform Commercial Code, § 2-719, subd [1], par [a]). When, however, a limited remedy such as an exclusive repair and replacement warranty fails of its essential purpose, the buyer is...

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