A “theoretical defect” is an insufficient basis for a damages claim, Manhattan Supreme Court Justice Shirley Kornreich said in a decision dismissing a putative commercial class action suit over the delivery of supposedly inferior heating oil.
In BMW Group v. Castle Oil, 650910/2013, the judge said the commercial and residential building LLCs suing over shipments of “blended” fuel oil versus the unadulterated kind failed to say how the product led to defective performance or caused harm.
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