GEBBIA V. SCHULDER 939 N.Y.S.2d 740 (N.Y. Sup. 2011) CASE BRIEF

GEBBIA V. SCHULDER

939 N.Y.S.2d 740 (N.Y. Sup. 2011)

NATURE OF THE CASE: Schulder (D) appealed a judgment for Gebbia (P) for $2,500.

FACTS: P sued D in small claims alleging that D, a dog breeder, breached the implied warranty of merchantability when she sold P a genetically defective dog. D claims P can never recover because P failed to notify D that the dog suffered from any condition or that it had died. P got the judgment and D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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