Statler v. Dell, Inc.
841 F. Supp. 2d 642
E.D.N.Y2012Background
- Plaintiff Statler leased five Dell Optiplex computers in 2003 with a limited warranty covering repair/replacement.
- Dell’s challenged claims are under MMWA, UCC § 2-314, and NY GBL § 349; other claims were dismissed.
- Court previously held claims untimely but allowed discovery to see if equity could save them.
- Discovery completed; Dell seeks summary judgment arguing timeliness cannot be saved by equity.
- Court concluded equity tolling cannot redeem untimely claims; Section 349 claims also time-barred; no post-warranty tolling found.
- Court granted summary judgment and dismissed Statler’s complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling can save untimely warranty claims. | Statler | Dell | Equity tolling not available; claims time-barred. |
| Whether Section 349 claims can survive untimeliness based on post-sale conduct. | Statler | Dell | Post-sale conduct not supportable; Section 349 claims time-barred. |
| Whether Section 349 accrual occurred at delivery or later. | Statler | Dell | Accrual at delivery; untimely. |
| Whether discovery or amendment could salvage the claims. | Statler | Dell | Amendment/discovery futile; no tolling. |
Key Cases Cited
- Pearl v. City of Long Beach, 296 F.3d 76 (2d Cir. 2002) (equitable tolling requires concealment or delay with due diligence)
- Cerbone v. International Ladies’ Garment Workers’ Union, 768 F.2d 45 (2d Cir. 1985) (timeliness depends on discovery and due diligence)
- Gaidon v. Guardian Life Ins. Co. of America, 96 N.Y.2d 201 (N.Y. 2001) (accrual for Section 349 occurs when rights accrue, not upon discovery)
- Reiseck v. Universal Commc’ns of Miami, Inc., 591 F.3d 101 (2d Cir. 2010) (summary judgment standards; view evidence in light favoring non-movant)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment standard: no genuine dispute of material fact)