New York Laws
Part 3 - General Obligation and Construction of Contract
2-314 - Implied Warranty: Merchantability; Usage of Trade.

(1) Unless excluded or modified (Section 2--316), a warranty that the
goods shall be merchantable is implied in a contract for their sale if
the seller is a merchant with respect to goods of that kind. Under this
section the serving for value of food or drink to be consumed either on
the premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade under the contract
description; and
(b) in the case of fungible goods, are of fair average quality
within the description; and
(c) are fit for the ordinary purposes for which such goods are
used; and
(d) run, within the variations permitted by the agreement, of
even kind, quality and quantity within each unit and among
all units involved; and
(e) are adequately contained, packaged, and labeled as the
agreement may require; and
(f) conform to the promises or affirmations of fact made on the
container or label if any.
(3) Unless excluded or modified (Section 2--316) other implied
warranties may arise from course of dealing or usage of trade.

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