Gebbia v. Schulder
Supreme Court of New York, Appellate Term
939 N.Y.S.2d 740 (N.Y. Sup. 2011)
Relevant factsFree
The plaintiff bought a dog with a genetic defect from the defendant breeder, and the dog became ill and died without the plaintiff ever notifying the breeder of the illness or death; the plaintiff instead went straight to suing for breach of the implied warranty of merchantability. The Civil Court ruled for the plaintiff, and the defendant appealed.
IssueFree
Whether a remedy for breach of implied warranty of merchantability is available if the buyer does not notify the seller of the breach within a reasonable time after discovering or reasonably discovering the nonconformity of the goods.