Stinky cheese

BROOKLYN — A New York federal court ruled partly in favor of an Italian cheesemaker on claims that it delivered spoiled supplies of pecorino Romano cheese to Rienzi, a domestic Italian food supplier. Rienzi’s contract and implied warranty of merchantability claims fail as they relate to the first lot of cheese received, on the basis that the supplier accepted the lot after it grated and mixed it with other cheese before selling it to two regional grocery store chains. However, the court reserved on the matter of the second lot of cheese, which customers described as foul-smelling; it is unclear whether Rienzi conducted a thorough inspection of the cheese upon delivery and whether it could have discovered any latent defects.