28 A.D.2d 575 (1967)

Burkins & Foley, Inc., Respondent, v. George Golowaty, Doing Business as Commercial GMC Truck Sales & Service, Appellant

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

May 1, 1967

Per Curiam.

The action was brought for fraud and breach of express warranty as to a used truck-tractor sold to the plaintiff by the defendant garageman. The central factual issue concerned the engine of the vehicle, the block of which had been cracked and repaired prior to the sale to the plaintiff. The record in this case contains a preponderance of evidence supporting the trial court's determination that the elements of fraud were established and also that there was a breach of express warranty.

Judgment affirmed, with costs.


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