We successfully obtained summary judgment on behalf of our client, an engine manufacturer, in a product defect and breach of warranty matter. The plaintiff brought suit in the Eastern District of New York, in connection with the rebuild of vessel engines alleging product defects, breach of warranty and violation of the Magnuson-Moss Act. During discovery we were able to obtain testimony demonstrating that the plaintiff’s actions resulted in the limitation of our experts’ ability to inspect the engines in an unaltered condition. We moved for summary judgment on the basis that all of the plaintiff’s claims necessitated expert testimony regarding specific alleged failures of the engine parts, which could not be challenged by our experts since the parts were not adequately preserved. After prolonged oral argument, the plaintiffs’ claims against our client were dismissed.