What remedies are available to a plaintiff who alleges that she was injured in a motor vehicle accident while driving a car with an injured motor vehicle?

We note that plaintiff is not limited to the remedies provided by subdivision 1 of section 753 of the General Business Law as the animal came within the definition of "goods" as set forth in section 2-105 of the Uniform Commercial Code and defendant was a "merchant" within the meaning of section 2-104(1) of said Code (see, General Business Law 753 ). Accordingly, plaintiff could recover damages pursuant to section 2-714 of the Code on the theory that defendant breached the implied warranty of merchantability (see, Uniform Commercial Code 2-314; Sacco v. Tate, 175 Misc.2d 901, 672 N.Y.S.2d 618).