DI GESARE v. HOVEY


20 A.D.2d 582 (1963)

Elio Di Gesare, Appellant, v. Howard Hovey, Doing Business as Hovey Motors, Respondent

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

December 6, 1963


In plaintiff's action for breach of warranty in the sale of an automobile and for negligence in its repair resulting in damages claimed when the car went out of control, a verdict for defendant was returned by a jury. Plaintiff makes two points on appeal: that the verdict was against the weight of evidence; and that the court's instructions were inadequate and erroneous. The record would adequately support a finding that the car was not represented to be a new car, although...

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