Reference no: EM131660022

Question: Implied Warranties. Shalom Malul contracted with Capital Cabinets, Inc., in August 1999 for new kitchen cabinets made by Holiday Kitchens. The price was $10,900. On Capital's recommendation, Malul hired Barry Burger to install the cabinets for $1,600. Burger finished the job in March 2000, and Malul contracted for more cabinets at a price of $2,300, which Burger installed in April. Within a couple of weeks, the doors on several of the cabinets began to "melt"-the laminate (surface covering) began to pull away from the substrate (the material underneath the surface). Capital replaced several of the doors, but the problem occurred again, affecting a total of six of thirty doors. A Holiday Kitchens representative inspected the cabinets and concluded that the melting was due to excessive heat, the result of the doors being placed too close to the stove. Malul filed a suit in a New York state court against Capital, alleging, among other things, a breach of the implied warranty of merchantability. Were these goods "merchantable"? Why or why not?