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JESMER v. RETAIL MAGIC, INC.

55 A.D.3d 171 (2008)

863 N.Y.S.2d 737

SUSAN JESMER, Doing Business as FIRST AMERICANS FOOD STORES, Appellant, v. RETAIL MAGIC, INC., et al., Defendants, and AUTO-STAR COMPUSYSTEMS, INC., Respondent.

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

September 9, 2008.

Attorney(s) appearing for the Case

Jeffrey B. Hulse, Hauppauge, for appellant.

Kaufman Borgeest & Ryan, LLP, New York City (Jonathan B. Bruno of counsel), for respondent.

MASTRO, J.P., RIVERA and BALKIN, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

On this appeal, we are asked to consider whether a dissatisfied end user of a computer system may maintain a cause of action against the system's manufacturer sounding in breach of contract where the end user did not purchase the system from the manufacturer, but from an authorized dealer. We also consider whether, in the absence of privity between the end user and the manufacturer, the end user may nonetheless maintain...

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