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ORLANDO v. NOVURANIA OF AMERICA, INC.

No. 01 CIV. 812(CM).

162 F.Supp.2d 220 (2001)

John ORLANDO, Plaintiffs, v. NOVURANIA OF AMERICA, INC., Defendants.

United States District Court, S.D. New York.

July 30, 2001.

Attorney(s) appearing for the Case

Allan B. Brill, New York City, for Plaintiffs.

John M. Toriello, New York City. for Defendants.

DECISION ON DEFENDANT'S MOTIONS TO DISMISS

McMAHON, District Judge.

On December 18, 2000, plaintiff, John Orlando commenced this action against, defendant, Novurania of America, Inc. (Novurania), a manufacturer, distributor and purveyor of water craft.

Plaintiff asserts five separate causes of action: Count I— breach of express warranty; Count II— breach of implied warranty of merchantability; Count III— breach of implied...

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