The court properly declined to dismiss the breach of express warranty cause of action. Plaintiff sufficiently alleged compliance with a condition precedent to bringing an action under the warranty by asserting that it had retained qualified contractors to provide elevator maintenance services. In addition, assuming the truth of plaintiff's allegations, as we must on a motion to dismiss, defendants' failure to properly service the machines may have "frustrated or prevented...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
