Reference no: EM13994199

Shalom Palul contracted with Capi Cabinets, Inc., in August 1999 for new kitchen cabinets made by Holiday Kitchens. The price was $10,900. On Capi's recommendation, Palul hired Barry Burger to install the cabinets for $1,600. Burger finished the job in March 2000, and Palul 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). Capi replaced several of the doors, but the problem occurred again, involving a total of six out 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. Palul filed a suit in a New York state court against Capi alleging, among other things, a breach of the implied warranty of merchantability. Were these goods "merchantable"? Why or why not?