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Strujan-Chitoiu v Palm One, Inc.
2006 NY Slip Op 51453(U) [12 Misc 3d 145(A)]
Decided on July 24, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 24, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, GANGEL-JACOB, JJ
.

Elena Strujan-Chitoiu, Plaintiff-Appellant,No. 570199/06

against

Palm One, Inc., Defendant-Respondent.


Plaintiff appeals from a judgment of the Civil Court, New York County (Debra Rose Samuels, J.), entered July 28, 2005, after a nonjury trial, in favor of defendant dismissing the complaint.


PER CURIAM

Judgment (Debra Rose Samuels, J.), entered July 28, 2005, affirmed, without costs.

Plaintiff's claim for economic loss resulting from the malfunction of a handheld personal digital assistant (PDA) was properly dismissed, in view of plaintiff's acknowledgment at trial that the device did not stop working until after the expiration of the express one-year warranty given by the defendant manufacturer. In the absence of allegations of bodily injury or damage to property other than the alleged defective product, plaintiff was not entitled to recover in tort under a strict liability or negligence theory (see 7 World Trade Co. v. Westinghouse Elec. Corp., 256 Ad2d 263 [1998]).

This constitutes the decision and order of the court.
Decision Date: July 24, 2006