SGARLATA v. CARIOTO


23 Misc.2d 263 (1960)

Frank Sgarlata, Plaintiff, v. Augustino Carioto, Jr., Defendant.

City Court of Albany.

June 13, 1960.


Attorney(s) appearing for the Case

Philip G. Sgarlata and Richard Bolton for plaintiff.

Hinman, Straub, Pigors & Manning (John J. Clyne of counsel), for defendant.


SAMUEL JACOBS, J.

In July, 1959 plaintiff Frank Sgarlata purchased a truck from defendant Augustino Carioto, Jr. There was evidence that it had not been used since March, 1958; also, that the truck was not licensed for the year 1959.

When plaintiff was negotiating for this purchase, defendant asserted that "except for some body work" the truck was in good operating condition. The latter was paid the agreed purchase price — $500. However...

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