Home » Shalom Palul contracted with Capi Cabinets, Inc., in August 1999 for new kitchen cabinets made by Holiday Kitchens

Shalom Palul contracted with Capi Cabinets, Inc., in August 1999 for new kitchen cabinets made by Holiday Kitchens

Shalom Palul contracted with Capi Cabinets, Inc., in August 1999 for new kitchen cabinets made by Holiday Kitchens. The price was $10,900. On Capi’s recommendation, Palul hired Barry Burger to install the cabinets for $1,600. Burger finished the job in March 2000, and Palul contracted for more cabinets at a price of $2,300, which Burger installed in April. Within a couple of weeks, the doors on several of the cabinets began to “melt”—the laminate (surface covering) began to pull away from the substrate (the material underneath the surface). Capi replaced several of the doors, but the problem occurred again, involving a total of six out of thirty doors. A Holiday Kitchens representative inspected the cabinets and concluded that the melting was due to excessive heat, the result of the doors being placed too close to the stove. Palul filed a suit in a New York state court against Capi alleging, among other things, a breach of the implied warranty of merchantability. Were these goods “merchantable”? Why or why not?

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