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AGAINST GRAVITY APPAREL, INC. v. QUARTERDECK CORPORATION

267 A.D.2d 44 (1999)

699 N.Y.S.2d 368

AGAINST GRAVITY APPAREL, INC., Appellant, v. QUARTERDECK CORPORATION, Respondent.

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

Decided December 7, 1999.

The causes of actions for breach of warranty and violation of the Magnuson-Moss Warranty Act (15 USC § 2301 et seq.) were properly dismissed in view of defendant's disclaimer of all implied warranties, and plaintiffs use of the software without any problems during the 90-day warranty period (see, Abraham v Volkswagen of Am., 795 F.2d 238, 241, 249-250; Feinstein v Firestone Tire & Rubber Co.,

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