MRI Supplier Granted Dismissal with Prejudice

July 30, 2018 | Commercial Litigation

In a bench trial in the Superior Court of New Jersey, Hudson County, Barry Levy and John Robertelli persuaded the Hon. Jeffrey R. Jablonski to dismiss Plaintiff’s claims against our client, Monarch Medical, with prejudice.

The Plaintiff, North Jersey Imaging Center, filed a complaint against our client, an MRI equipment supplier, following the sale of an allegedly defective MRI machine. Plaintiff sought recovery in the amount of $300,000 under causes of action: breach of contract, breach of warranty, breach of implied warranty of merchantability and breach of implied warranty of fitness for a particular purpose.

Barry and John argued that the Plaintiff did not carry the burden of proof that Monarch Medical breached its contract and warranty, and did not establish that our client breached the implied warranties of merchantability and fitness for a particular purpose.

Judge Jablonski agreed with Rivkin Radler’s position in its entirety and dismissed all claims with prejudice.

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  • Barry I. Levy
  • John J. Robertelli

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