Gebbia v. Schulder

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

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.