FILLET v. CURRY


12 A.D.2d 519 (1960)

Robert E. Fillet, Appellant, v. Bernard F. Curry, Jr., Doing Business as Curry Motor Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 21, 1960


Judgment affirmed, with costs.

Plaintiff purchased a motor vehicle from defendant, an authorized dealer. Plaintiff was given a parts warranty under which defendant guaranteed the parts for 90 days or 4,000 miles, whichever occurred first. The day following the delivery of the vehicle and every day thereafter (with few exceptions) plaintiff had difficulty starting the automobile. Within a period of about three weeks following delivery defendant replaced the battery...

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