UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK  ------------------------------------x  NY DRILLING, INC.,       Plaintiff,     -against-    TJM, INC. LLC a/k/a TJM DRILLING EQUIPMENT & SUPPLY COMPANY a/k/a TJM INC. DRILLING EQUIPMENT & SUPPLY COMPANY a/k/a TJM DRILL TOOLS,         Defendant.    ------------------------------------x        MEMORANDUM & ORDER 20-CV-3111(EK)(RER)      ERIC KOMITEE, United States District Judge:      Plaintiff NY Drilling, Inc. purchased two “hydraulic  crawler drilling rigs” from defendant TJM, Inc. pursuant to  written contracts of sale. Plaintiff does not say what use it  intended for the rigs, but does allege that they malfunctioned  multiple times and had to be taken out of service. Invoking the  Court’s diversity jurisdiction, NY Drilling alleges that TJM  breached the implied warranties of merchantability and fitness  by its sale of defective rigs.    Defendant now moves to dismiss under Federal Rule of  Civil Procedure 12(b)(6), on the basis that the parties’ written  contracts explicitly disclaim those warranties. For the reasons  set forth below, I GRANT Defendant’s motion to dismiss.  Case 1:20-cv-03111-EK-RER Document 25 Filed 11/30/21 Page 1 of 15 PageID #: 160