DEERE CO. v. PAHL CONSTR. CO.


59 Misc.2d 872 (1969)

John Deere Company of Baltimore, Inc., Plaintiff, v. William C. Pahl Construction Co., Inc., Defendant.

Supreme Court, Special Term, Onondaga County.

April 14, 1969


Attorney(s) appearing for the Case

MacKenzie, Smith, Lewis, Michell & Hughes for defendant. Costello, Cooney & Fearon for plaintiff.


RICHARD J. CARDAMONE, J.

The defendant has moved to dismiss the plaintiff's complaint for failure to state a cause of action under CPLR 3211 (subd. [a], par. 7) and the plaintiff has moved for summary judgment on its complaint pursuant to CPLR 3212.

On December 12, 1966 Ranalli Construction Inc. purchased a John Deere Model 350 Crawler Loader from the Melvin Tractor Equipment, Inc., under a time sale agreement. This contract was subsequently assigned...

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