CLEANERS INC. v. STANLEY FASTENING

The cause of action for breach of express warranty was properly dismissed for failure to set forth the terms of the alleged warranty with sufficient particularity to give fair notice thereof (CPLR 3013; see Murrin v Ford Motor Co., 303 AD2d 475, 477). Plaintiff's allegation that it purchased the allegedly defective product from defendant is flatly contradicted by defendant's sales records, and, absent any evidence in plaintiff's opposition tending to substantiate such allegation, the cause of action for breach of contract was properly dismissed (CPLR 3211 [a] [1]; see Mark Hampton, Inc. v Bergreen, 173 AD2d 220, lv denied 80 NY2d 788 [1992]). The cause of action under General Business Law § 349 was properly dismissed for lack of evidence tending to show a material deceptive act or omission.