Bakal v. Burroughs Corp., 74 Misc. 2d 202, 343 N.Y.S.2d 541 (1972) (full-text).
Factual Background Edit
The purchaser of a computer system brought suit claiming breach of the implied warranty of merchantability and breach of the implied warranty of fitness for a particular purpose, and requesting consequential damages.
Trial Court Proceedings Edit
The court found that the contract signed by the purchaser contained provisions waiving express and implied warranties and all consequential damages; that those provisions met the requirements of U.C.C. §2-316; and that therefore, recovery was denied.