What are the elements of a warranty agreement between a plaintiff and the Defendant?

Plaintiff also successfully asserts a breach of contract claim. The elements of such a claim are the existence of a contract, the plaintiff's performance thereunder, the defendant's breach thereof, and resulting damages ( Harris v. Seward Park Hous. Corp. , 79 A.D.3d 425, 426, 913 N.Y.S.2d 161 [1st Dept. 2010] ). The above Agreement provisions, read together, are reasonably interpreted as a policy addressing policies for two distinct situations:

[74 N.Y.S.3d 442]

damaged and lost devices. With respect to repairs, the Agreement invokes only the three-year warranty period.