WALSH v. FORD MOTOR CO.


59 Misc.2d 241 (1969)

John J. Walsh, Plaintiff, v. Ford Motor Company et al., Defendants.

Supreme Court, Special Term, Nassau County.

March 11, 1969


Attorney(s) appearing for the Case

Harry H. Lipsig and Jerrold I. Ehrlich for plaintiff. Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr., of counsel), for Ford Motor Company, defendant. Alexander, Ash & Schwartz (Sidney A. Schwartz of counsel), for Gerard T. McGoldrick and another, defendants.


THOMAS P. FARLEY, J.

In an action to recover damages for personal injury brought against the manufacturer and seller of an automobile, the plaintiff moves for dismissal of the affirmative defense interposed by each defendant stating, in substance, that under the contract for the sale of the car, they expressly disclaimed and/or limited any warranty so that plaintiff may not recover all or any part of the damages...

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