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 prior to closing does not defeat the warranty claim because the warranties are bargained‑for contractual terms. The court affirmed the dismissal of the breach of condition claim and remanded for further proceedings on the warranty claim.