On July 27, 2000, Sheldorado Aluminum Products, Inc., installed an aluminum awning on the back of Marie Villette’s home for use as a carport. On January 11, 2001, the awning collapsed on top of Ms. Villette’s new Mercedes automobile. Ms. Villette brought suit against Sheldorado seeking recovery of the $3,000 she had paid to them for the awning.
There was no formal written contract between the parties; the only writing was a one-page order/bill designated a “contract,” dated July 11, 2000, and signed by Ms. Villette and apparently by Jack Finklestein, Sheldorado’s salesman. No advertising or promotional material was presented by either party. Ms. Villette testified to no express warranty or representation on the transaction, and none appears in the writing. Sheldorado acknowledges that no instructions or warnings were given to Ms. Villette as to care, maintenance, or use of the awning.
When the awning collapsed, Sheldorado took the position that the cause was an accumulation of snow and high winds and that it bore no responsibility for the loss. Its only response to the incident was to refer Ms. Villette to the insurer on their homeowner’s policy. Does Ms. Villette have any rights that would allow her to collect damages? Apply the UCC to answer this question. Villette v. Sheldorado Aluminum Products, Inc., 2001 WL 881055 (NY Supp), 45 UCC Rep Serv. 2d 470 (NY Civ Ct).