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MONACO v. CHRYSLER SALES CORPORATION

191 F.Supp. 648 (1961)

Donald MONACO, Plaintiff, v. CHRYSLER SALES CORPORATION and Chrysler Corporation, Defendants.

United States District Court S. D. New York.

February 20, 1961.

Attorney(s) appearing for the Case

Fink, Frank & Gerringer, New York City, for plaintiff; Jacquin Frank and William Rosenthal, New York City, of counsel.

John P. Carson, New York City, for defendants.

HERLANDS, District Judge.

Upon the conclusion of the entire case, the defendants moved to dismiss, inter alia, the claim in each of the two complaints predicated upon breach of an implied warranty of fitness for use.

The jurisdiction of this Court is based upon diversity of citizenship. The substantive law to be applied is that of New York State. The actions are for damages sustained by the plaintiff when, on February 2, 1956, the car he was driving went out...

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