Reaffirming Casual Seller Doctrine In NY

Law360, New York (October 19, 2009, 3:07 PM EDT) -- 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 in Jaramillo v. Weyerhaeuser Company, 12 N.Y.3d 181, 906 N.E.2d 387, 878 N.Y.S.2d 659 (2009), 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,...
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