916 F. Supp. 2d 357
W.D.N.Y.2013Background
- Bristol Village, Inc. sues Louisiana-Pacific for breaches related to TrimBoard installed at its Clarence Center, NY facility in 2003.
- TrimBoard is marketed as a low-cost exterior trim, used in fascia, soffit, window/door trim, and other exterior applications.
- Warranties: 10-year substrate warranty against delamination, etc., with a cap of twice the original purchase price; 5-year primer warranty against peeling, blistering, or cracking; warranty disclaims implied warranties.
- Amended complaint (2012) asserts breach of express warranty and other claims (implied warranty, negligence, unjust enrichment, NY GBL §349, punitive damages, declaratory/injunctive relief).
- ABT Building Products Corporation is dismissed as a separate defendant; LP moves to dismiss all but breach of express warranty claim.
- Court partially grants/denies motion: dismisses implied warranty, negligence, unjust enrichment, declaratory relief, and punitive damages not authorized by §349; preserves express warranty claim and considers class-certification issues pending further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Privity/third-party beneficiary for implied warranty | Bristol Village contends it can be third-party beneficiary. | Louisiana-Pacific argues no privity or intended beneficiary; no direct contract with Bristol. | Implied warranty claim dismissed for lack of privity or intended beneficiary. |
| Statute of limitations on implied warranty | Amended complaint tolls or relates back; discovery of defects within warranty period. | Warranties accrue on tender of delivery; action filed in 2012 is untimely. | Implied warranty claim untimely; statute of limitations applied. |
| Economic loss doctrine and negligence claim | Damage to structure interior could be consequential damages from product defect. | Damages are contractual in nature; tort recovery barred for economic losses in such cases. | Negligence claim barred by economic loss doctrine; recoveries restricted to contract remedies. |
| Deceptive Trade Practices Act §349 consumer orientation | §349 claim is applicable to consumer-oriented misrepresentations affecting broad consumer base. | Claim is attenuated (indirect purchaser); not consumer-oriented. | Plaintiff’s §349 claim found to be sufficiently consumer-oriented to survive at this stage. |
| Declaratory and injunctive relief as separate claim | Seeks relief beyond monetary damages; not a mere remedy. | Argues duplicative of other claims; not an independent action. | Declaratory/injunctive relief claim dismissed as duplicative; remedies not separate causes of action. |
Key Cases Cited
- Adirondack Combustion Tech., Inc. v. Unicontrol, Inc., 17 A.D.3d 825 (N.Y. App. Div. 3d Dep’t 2005) (privity requirement for implied warranty when no personal injury)
- Jaffee Assoc. v. Bilsco Auto Serv., 58 N.Y.2d 993 (N.Y. 1983) (privity requirement for implied warranty under NY law)
- Hemming v. Certainteed Corp., 97 A.D.2d 976 (N.Y. App. Div. 4th Dep’t 1983) (economic loss rule bars damages to home from defective exterior product)
- Weiss v. Polymer Plastics Corp., 21 A.D.3d 1095 (N.Y. App. Div. 2d Dep’t 2005) (economic loss rule; damages to product and structure barred)
- Sperry v. Crompton Corp., 8 N.Y.3d 204 (N.Y. 2007) (attenuated relationship defeats unjust enrichment claim)
- N.Y. Univ. v. Continental Ins. Co., 87 N.Y.2d 308 (N.Y. 1995) (egregious tort conduct required for punitive damages in contract contexts)