Woods v. Maytag Co.
2011 U.S. Dist. LEXIS 98276
E.D.N.Y2011Background
- Woods bought a Maytag MGR5875QDS gas oven on July 21, 2005 from Plesser's M.S.H. in Babylon, NY.
- Oven allegedly defective with self-proving igniter causing flare-ups/explosions.
- Woods suffered serious burns when the oven exploded February 29, 2008.
- An authorized Maytag repairman inspected the oven and prepared a Work Report.
- Plaintiff alleges Maytag knew of risks from 1990s era gas-igniter failures and concealed information; communications with service personnel are central.
- Amended complaint added specific statements by a Plesser's sales representative and documents/recalls/patents to support fraud and concealment claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fraud claim sufficiency against Maytag for misrepresentation | Woods alleges Maytag misrepresented safety techniques and caused reliance | Maytag contends no specific agency-based misrepresentation; lack of particularity | Fraud misrepresentation against Maytag dismissed with prejudice |
| Fraud claim sufficiency against Plesser's for misrepresentation | Plesser's sales rep stated oven was safe and not prone to flare-ups | No agency basis established; insufficient specificity | Fraud misrepresentation against Plesser's denied? actually court denied Maytag and allowed against Plesser's; see holding: denied for Maytag; Plesser's claim survives |
| Fraudulent concealment against Maytag Defendants | Maytag knew of defect and concealed information; duty to disclose | No knowledge or intent adequately pled; arguments about superior knowledge | Fraudulent concealment claim against Maytag survives; denied motion to dismiss |
| Fraudulent concealment against Plesser's | Plesser's had superior knowledge through agent statements | No evidence of Plesser's knowledge; no duty to disclose | Fraudulent concealment against Plesser's granted; dismissed with prejudice |
| GBL § 349 claim against Maytag Defendants | Silence/omissions constitute deceptive acts; consumer-oriented | Affirmative misrepresentations insufficient; omissions challenged | GBL § 349 claim against Maytag survives; against Plesser's dismissed |
Key Cases Cited
- Lerner v. Fleet Bank, N.A., 459 F.3d 273 (2d Cir. 2006) (fraud elements; Rule 9(b) applicability; knowledge inferred)
- Cohen v. Koenig, 25 F.3d 1168 (2d Cir. 1994) (puffery vs. factual misrepresentation; intent pleading)
- Kaufman v. Cohen, 307 A.D.2d 113 (1st Dep't 2003) (Rule 9(b) specificity; superior knowledge/concealment)
- Miele v. Am. Tobacco Co., 2 A.D.3d 799 (2d Dep't 2003) (duty to disclose; superior knowledge; concealment)
- DiRose v. PK Management Corp., 691 F.2d 628 (2d Cir. 1982) (fraudulent misrepresentation; knowledge can be inferred)