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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
CARL E. BACCELLIERI, JR. and REBECCA B. BACCELLIERI,

) ) ) Plaintiffs, ) ) v. ) ) HDM FURNITURE INDUSTRIES, INC. ) d/b/a DREXEL HERITAGE FURNITURE, a corporation of the State of ) ) Delaware, and GENERAL ELECTRIC ) CAPITAL CORPORATION d/b/a GE MONEY BANK t/a DREXEL HERITAGE ) ) FURNITURE CREDIT CARD, a corporation of the State of Delaware, ) ) Defendants. )

C.A. No. N10C-01-181 MMJ

Submitted: November 30, 2012 Decided: February 28, 2013 On Defendants' Joint Motions to Dismiss Pursuant to Rule 12(c) GRANTED MEMORANDUM OPINION Christopher J. Curtin, Esquire, MacElree Harvey, Ltd., Centreville, Delaware, Attorney for Plaintiff George Pazuniak, Esquire, Pazuniak Law Office LLC, Wilmington, Delaware, Attorney for Defendants HDM Furniture Industries, Inc. and General Electric Capital Corporation JOHNSTON, J.

This litigation involves a dispute over a custom-made sectional sofa manufactured by HDM Furniture Industries, Inc. ("HDM"). Plaintiffs Carl Baccellieri and his wife Rebecca Baccellieri contend that the sofa did not conform to the specifications provided to the retailer, Delaware Home Furnishings. Plaintiffs filed suit against HDM and the Plaintiffs' credit issuer, General Electric Capital Corporation, alleging inter alia, breach of warranties, violations of Delaware's consumer protection laws, and violation of the Truth in Lending Act. 1 Pursuant to Superior Court Rule of Civil Procedure 12(c), HDM and GE moved to dismiss Plaintiffs' Complaint. The Court held oral argument on the motion on November 30, 2012. FACTUAL BACKGROUND For purposes of this motion, all facts are set forth in the light most favorable to the non-moving party. HDM manufactures custom-made

furniture. HDM sells its furniture exclusively through factory-authorized dealers. One such authorized dealer

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