New York Court of Appeals
CBS Inc., Appellant v. Ziff-Davis Publishing Co., Respondents
April 3, 199075 N.Y.2d 496
Summary
The New York Court of Appeals reversed the lower courts' dismissal of CBS's breach of express warranty claim, holding that a buyer's lack of reliance on warranted financial information does not defeat the seller's contractual warranty obligations. The court reasoned that express warranties are contractual terms whose breach is actionable regardless of post‑signing doubts, and it affirmed the dismissal of the separate condition claim. Justice Bellacosa dissented, arguing that reliance remains a necessary element.