holding that under the economic loss rule, if an alleged product malfunction is alleged to have caused purely economic loss, then the end-purchaser is limited to contract claims against the manufacturer and may not seek damages in tortSummary of this case from EED Holdings v. Palmer Johnson Acquisition Corp.
Argued March 23, 1982
Decided May 4, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BENTLEY KASSAL, J.
Raymond S. Jackson, Jr., and Peter D. Raymond for appellant.
Eugene Schaffel for respondents.
Order reversed, with costs, and plaintiffs' motion denied for the reasons stated in the dissenting opinion of Justice SAMUEL J. SILVERMAN at the Appellate Division ( 81 A.D.2d 221, 227-234). Question certified answered in the negative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.