Nigro v. Lee

Rule of Law:

A seller's generalized, subjective statement of opinion about a product's quality, such as calling a used car "gorgeous," constitutes non-actionable puffery and does not create an express warranty. Furthermore, a buyer's reliance on a seller's representations is not justifiable for a fraud claim if the buyer failed to use available means to investigate the truth of those representations.

Facts:

• In 2006, Maxwell Lee, on behalf of his mother Alice Aizhen Lee, listed a 1995 Mercedes Benz for sale on an eBay auction.
• The Lees resided in Nevada, while the potential buyer, the plaintiff, resided in New York.
• The eBay advertisement described the car as "gorgeous," disclosed three minor blemishes, and stated the vehicle was being sold "as it is."
• The advertisement invited prospective buyers to contact the sellers with questions.
• The plaintiff purchased the vehicle through the auction without hiring anyone to inspect it or ordering a vehicle history report.
• Upon delivery on July 30, 2006, the plaintiff had the car inspected and discovered it had prior accident damage, rusted parts, stained upholstery, and required thousands of dollars in repairs.
• After the plaintiff expressed dissatisfaction, the Lees refunded a portion of the purchase price.

Procedural Posture:

• Plaintiff commenced an action against defendants in the Supreme Court of Albany County, a trial court, to rescind the contract or recover damages for fraudulent misrepresentation.
• Defendants moved for summary judgment to dismiss the complaint.
• Plaintiff cross-moved for summary judgment.
• The trial court granted defendants' motion for summary judgment, dismissing the complaint, and denied plaintiff's cross-motion.
• Plaintiff, as appellant, appealed the trial court's order to the Supreme Court, Appellate Division, an intermediate appellate court, with defendants as appellees.