VINE v. PIEHLER PONTIAC CORP.


207 Misc. 90 (1954)

Hugh L. Vine et al., Plaintiffs, v. Piehler Pontiac Corporation et al., Defendants.

Supreme Court, Special Term, Monroe County.

December 29, 1954.


Attorney(s) appearing for the Case

Francis A. O'Brien for Piehler Pontiac Corporation, defendant.

Arthur B. Curran, Jr., for General Motors Acceptance Corporation, defendant.

James F. Glynn for plaintiffs.


WITMER, J.

Defendants have moved for dismissal of the complaint for rescission in equity herein on the ground that it does not state facts sufficient to constitute a cause of action. Specifically, they contend that instead of an action in equity for rescission plaintiffs' remedy, if any, is by way of an action at law for damages, and that despite the general allegation in the complaint that plaintiffs have no...

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