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LINDENTHALER v. DAIRY CONCEPTS INC.

291 A.D.2d 776 (2002)

738 N.Y.S.2d 130

KAY LINDENTHALER, Respondent, v. DAIRY CONCEPTS INC., Appellant, and ELECTRO FREEZE DISTRIBUTORS, a Division of H.C. DUKE & SON, INC., Respondent. (And a Third-Party Action.)

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

Decided February 28, 2002.

Rose, J.

Plaintiff, the owner of an ice cream shop, purchased a soft-serve ice cream machine from a distributor, defendant Dairy Concepts, Inc. (hereinafter defendant). Finding the ice cream produced to be objectionable despite the machine's replacement and repeated repairs, plaintiff commenced this action alleging breach of contract, breach of express and implied warranties, and negligence. When defendant moved for summary judgment dismissing the complaint against...

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