PENN. GAS CO. v. SECORD BROS.


73 Misc.2d 1031 (1973)

Pennsylvania Gas Company, Plaintiff, v. Secord Brothers, Inc., et al., Defendants.

Supreme Court, Chautauqua County.

March 9, 1973


Attorney(s) appearing for the Case

Wright & Wright for plaintiff. Walter M. Donovan for defendants.


EDWARD M. HOREY, J.

This is a motion by the plaintiff for summary judgment pursuant to CPLR 3212. It raises as its principal consideration the proper means of excluding by contract both implied and express warranties arising during the course of contractual negotiations.

In its complaint the plaintiff seeks to recover from the defendants $25,242.60 representing the balance of the purchase price of certain...

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