GALE v. INTERNATIONAL BUSINESS MACHINES CORPORATION


9 A.D.3d 446 (2004)

781 N.Y.S.2d 45

ERIC GALE, Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Respondent.

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

July 26, 2004.


The plaintiff allegedly purchased from an undisclosed seller an IBM Deskstar 75GXP hard disk drive. As part of its marketing campaign before releasing the new product, the defendant, International Business Machines Corporation (hereinafter IBM), stated through press releases and other forms of advertisements that its new product was highly reliable. IBM represented on its Web site that each product came with an express warranty....

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