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BROWER v. GATEWAY 2000

246 A.D.2d 246 (1998)

676 N.Y.S.2d 569

Tony Brower et al., Appellants, et al., Plaintiffs, v. Gateway 2000, Inc., et al., Respondents

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

August 13, 1998

Attorney(s) appearing for the Case

Thomas A. Holman of counsel, New York City (Zachary Alan Starr on the brief; Starr & Holman, L. L. P., attorneys), for appellants.

Robert M. Rader of counsel, New York City (Daniel R. Murdock and Alan B. Howard on the brief; Winston & Strawn, attorneys), for respondents.

NARDELLI, MAZZARELLI and SAXE, JJ., concur.

MILONAS, J. P.

Appellants are among the many consumers who purchased computers and software products from defendant Gateway 2000 through a direct-sales system, by mail or telephone order. As of July 3, 1995, it was Gateway's practice to include with the materials shipped to the purchaser along with the merchandise a copy of its "STANDARD TERMS AND CONDITIONS AGREEMENT" and any relevant warranties for the products...

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