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Sales Keyed to Whaley
Wallace v. Tri-State Assembly, LLC
Citation:
201 A.D.3d 65, 157 N.Y.S.3d 438 (2021)Facts
Tyrone Wallace’s father purchased an electric bicycle for his son through the Amazon.com website from Eshion, a China-based third-party seller that listed the product on Amazon’s marketplace. At the time of purchase, the father also elected to purchase an assembly service option. Tri-State Assembly, an independent company that offers assembly services on Amazon.com and is an Amazon-approved service provider, assembled the bicycle. Tri-State was uninsured at the time it provided the assembly services. The bicycle was shipped directly from Eshion to the plaintiff, and at no time did Amazon take possession of, obtain title to, or exercise control over the bicycle. While Wallace was riding the bicycle, the handlebars loosened, causing him to fall and sustain injuries. Wallace brought claims against Amazon for negligence and breach of implied warranties of fitness and merchantability, alleging Amazon was careless in the assembly and sale of the bicycle.
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