DEVEN LITHOGRAPHERS, INC. v. EASTMAN KODAK CO., INC.


199 A.D.2d 9 (1993)

604 N.Y.S.2d 563

Deven Lithographers, Inc., Respondent, v. Eastman Kodak Company, Inc., Appellant, et al., Defendant

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

December 2, 1993


Plaintiff has properly pleaded and sufficiently supported a cause of action for breach of the implied warranty of fitness for a particular purpose (UCC 2-315). The language of defendant's "Statement of Responsibility" affixed to the packaging of the lithographic plates that plaintiff claims were not compatible with its business operations is ambiguous, in that it could be interpreted as limited to a disclaimer of liability arising out of a defect in the goods or negligent...

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