AUBURN STEEL CO., INC. v. WESTINGHOUSE ELEC. CORP.


158 A.D.2d 938 (1990)

Auburn Steel Company, Inc., Appellant-Respondent, v. Westinghouse Electric Corporation, Respondent-Appellant, et al., Defendant

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

February 2, 1990


Judgment unanimously affirmed with costs to defendant Westinghouse Electric Corporation.

Memorandum:

Plaintiff entered into contracts with defendant for the purchase of a VAR generator and its subsequent service. Those contracts provided that defendant's liability for any breach of contract would exclude claims for consequential damages. The VAR generator subsequently short-circuited and plaintiff commenced the present action for replacement of the generator...

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