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Sabbeth Indus., v. Innovative Comp. Concepts

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 374 (N.Y. App. Div. 1998)

Opinion

February 2, 1998

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court did in fact base its judgment on the proposition that the sale of a computer software package is a sale of a good controlled by the provisions of the Uniform Commercial Code ( see, e.g., Communications Groups v. Warner Communications, 138 Misc.2d 80). The court did not err in granting the defendant's motion since there was a complete failure of proof by the plaintiff on the issue of damages for breach of warranty ( see, UCC 2-315, 2-714).

The plaintiff's remaining contention is without merit ( see, Napoli v. Canada Dry Bottling Co., 166 A.D.2d 696; Bertan v. Richmond Mem. Hosp. Health Ctr., 106 A.D.2d 362).

Sullivan, J. P., Pizzuto, Santucci and Florio, JJ., concur.


Summaries of

Sabbeth Indus., v. Innovative Comp. Concepts

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 374 (N.Y. App. Div. 1998)
Case details for

Sabbeth Indus., v. Innovative Comp. Concepts

Case Details

Full title:SABBETH INDUSTRIES, LTD., Appellant, v. INNOVATIVE COMPUTER CONCEPTS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 2, 1998

Citations

247 A.D.2d 374 (N.Y. App. Div. 1998)
667 N.Y.S.2d 937