## Facts

- Tyrone Wallace was injured when the handlebars of an electric bicycle loosened during use, causing him to fall.
- Wallace’s father purchased the bicycle through Amazon’s website from Eshion, a third-party seller based in China.
- Eshion shipped the bicycle directly to Wallace; Amazon never took title to, possessed, or controlled the bicycle.
- At checkout, Wallace’s father also purchased bicycle assembly services from Tri-State Assembly, LLC, an “Amazon approved” service provider that offered services for sale on Amazon’s site.
- Wallace sued asserting negligence and breach of implied warranties of merchantability and fitness for a particular purpose against Amazon and others, alleging negligent assembly and sale of an unsafe product.
- Amazon moved for summary judgment, submitting evidence that it did not sell, manufacture, distribute, or assemble the bicycle and that third-party sellers bore responsibility for their sales and warranties.

## Issues

1. Whether Amazon could be treated as a “seller” subject to implied warranties under UCC §§ 2-314 and 2-315 when a third-party seller retained title, shipped directly to the buyer, and Amazon never possessed the product.
2. Whether Amazon could be held liable based on Tri-State’s assembly services (including Amazon’s “vetting” of Tri-State or Tri-State’s lack of insurance), particularly where such theories were raised for the first time in opposition to summary judgment and on appeal.

## Decision

- The Appellate Division affirmed summary judgment dismissing the complaint against Amazon.
- The court held that UCC implied warranties extend only to “sellers,” and Amazon established it was not a seller of the bicycle.
- The court rejected plaintiff’s newly advanced theories tying Amazon to Tri-State’s assembly work as unsupported by authority and not a basis to impose liability on Amazon.

## Legal Principles

- Under New York’s UCC, implied warranties of merchantability and fitness for a particular purpose apply only to “sellers.” (UCC §§ 2-314, 2-315.)
- A defendant can obtain summary judgment on UCC warranty claims by showing it did not sell the product and never obtained title to, possessed, or controlled it, shifting the burden to the plaintiff to raise a triable factual dispute.
- Courts will not extend warranty or negligence liability to a non-seller marketplace based on equitable or policy arguments absent recognized legal doctrine and supporting authority.
- Theories raised for the first time in opposition to summary judgment or on appeal, especially without supporting authority, may be rejected as improper bases to defeat dismissal.

## Conclusion

The court affirmed dismissal of claims against Amazon because the bicycle was sold and shipped by a third-party seller, Amazon never took title or control of the product, and New York UCC implied warranties therefore did not apply; the court also declined to recognize new, unsupported theories attempting to impose liability on Amazon for the third-party assembler’s work.


Wallace v. Tri-State Assembly, LLC, 201 A.D.3d 65 (N.Y. App. Div. 1st Dep’t 2021)