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EPISCOPAL CHURCH HOME OF WESTERN NEW YORK, INC. v. BULB MAN, INC.

274 A.D.2d 961 (2000)

710 N.Y.S.2d 503

EPISCOPAL CHURCH HOME OF WESTERN NEW YORK, INC., Respondent, v. BULB MAN, INC., Appellant.

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

Decided July 7, 2000.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action alleging, inter alia, that defendant breached the implied warranty of merchantability by selling plaintiff defective ballasts for light fixtures. The implied warranty of merchantability provides that goods will be fit for the ordinary purposes for which they are used (see, UCC 2-314 [2] [c]; Gordon v...

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