New York Court of Appeals
Milau Associates, Inc. v. North Avenue Development Corp., (Action No. 1.) Baum Textile Mill Co., Inc. v. Milau…
October 11, 197742 N.Y.2d 482
Summary
The New York Court of Appeals affirmed the Appellate Division's order, holding that the implied warranty of fitness under the Uniform Commercial Code does not apply to a hybrid sales‑services contract where the service component predominates, and therefore the plaintiffs could not recover on a warranty theory.