Opinion
570199/06.
Decided July 24, 2006.
Plaintiff appeals from a judgment of the Civil Court, New York County (Debra Rose Samuels, J.), entered July 28, 2005, after a nonjury trial, in favor of defendant dismissing the complaint.
Judgment (Debra Rose Samuels, J.), entered July 28, 2005, affirmed, without costs.
PRESENT: McKEON, P.J., DAVIS, GANGEL-JACOB, JJ
Plaintiff's claim for economic loss resulting from the malfunction of a handheld personal digital assistant (PDA) was properly dismissed, in view of plaintiff's acknowledgment at trial that the device did not stop working until after the expiration of the express one-year warranty given by the defendant manufacturer. In the absence of allegations of bodily injury or damage to property other than the alleged defective product, plaintiff was not entitled to recover in tort under a strict liability or negligence theory ( see 7 World Trade Co. v. Westinghouse Elec. Corp., 256 AD2d 263).
This constitutes the decision and order of the court.