March 15, 2018

A claim for breach of an express warranty.

A cause of action alleging breach of an express warranty requires evidence that the defendant breached a specific representation made by a manufacturer regarding a product, and that the plaintiff relied upon that representation. A promotional slogan, such as "The Ultimate Driving Machine," is not a specific representation regarding a vehicle upon which a plaintiff could rely.

Aracena v. BMW of N. Am., LLC NY Slip Op 01447 (2d Dep't March 7, 2018)

Here is the decision.