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Article: New York Court Of Appeals Re-Affirms Its Casual Seller Doctrine.(Weyerhaeuser Co. v. Jaramillo and Associates)(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- September 22, 2009
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In a decision couched largely in terms of sound public policy, the New York State Court of Appeals refused to extend strict liability to a casual seller of used industrial equipment. The case, Jaramillo v. Weyerhaeuser Company, 2009 N.Y. Slip Op. 02444, 2009 WL812965, was decided on March 31, 2009. In no uncertain language, the Court once again refused to extend "the onerous burden of strict liability" to all but "certain sellers", especially where the goods in question were sold "at irregularly-scheduled 'as-is, where is' surplus sales." Id. at 8.
The Court reiterated all of its points from the seminal case Sukljian v. Ross & Son Co., 69 N.Y.2d 89 (1986) and its ...
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