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Class Action Against Maytag Will Proceed

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Gary Woods filed a class action lawsuit on December 10, 2009 in Nassau Country Court, Mineola, New York, alleging implied warranty of fitness and breach of the implied warranty of merchantability after an igniter on a stove that bought in 2005 malfunctioned and caused the oven to explode. Woods said in the lawsuit that Maytag knew of, and intentionally concealed the igniter defect.

The lawsuit also named Plesser’s M.S.H., a department store in Babylon, New York, where Woods bought the stove. Woods is represented by  Andres F. Alonso, Partner, and Daniel C. Burke, Associate with the national law firm of Parker Waichman Alonso LLP.

On March 10, 2010, Maytag filed a motion to dismiss the lawsuit in U.S. District Court, Eastern District of New York.

In November 2010, Judge Spatt dismissed the breach of implied warranty claims with prejudice. He also dismissed, but with leave to amend, the fraudulent misrepresentation and fraudulent concealment claims. Woods filed an amended complaint on November 2010. Though again, the defendants moved to dismiss the claim in its entirety.

In August 2011, Judge Spatt of the U.S. District Court of the Eastern District of New York, let stand the claims of fraudulent concealment against Maytag, as well as the allegations that the company violated setion 349 of the NY General Business Law. Judge Spatt also let stand the fraudulent misrepresentation allegations against Plesser’s.

The class action will proceed, and seeks damages for the purchase and use of the defective stove.

breakinglawsuitnews.com disclaimer: This article: Class Action Against Maytag Will Proceed was posted on Friday, September 2nd, 2011 at 6:55 pm at breakinglawsuitnews.com and is filed under Product Liability Lawsuits.

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