Appeal by plaintiffs from a small claims judgment of the District Court, Suffolk County (S. Hackeling, J.), entered on August 14, 2002, which dismissed their action. Judgment unanimously affirmed without costs.

The plaintiffs bought a 100% wool carpet from defendant after informing defendant's salesperson that it was to be used in their basement and that a dehumidifier and air conditioning equipment were located there. Three weeks after the carpeting was installed, water from a leak in the dehumidifier caused one of the two colors of the carpeting to run. In our opinion, the judgment should be affirmed. Under the circumstances presented, no implied warranty of fitness for particular purpose was created (see UCC 2-315). There was no proof that plaintiffs relied on defendant's skill or judgment to furnish a carpet suitable for plaintiffs' particular needs. Accordingly substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1807).
Decision Date: November 21, 2003