WEISER v. McCORMACK MOTOR SALES, INC.


42 A.D.2d 740 (1973)

Harry Weiser, Respondent, v. McCormack Motor Sales, Inc., Appellant

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

July 9, 1973


Order reversed, without costs, and motion denied. Plaintiff claims he purchased a Continental Mark IV automobile from defendant for $6,500 ($5,800 by a bank check and $700 in cash). Defendant contends that the automobile was valued at over $10,000 and has refused to either deliver the vehicle or refund the money, asserting that it was the victim of a fraud perpetrated by one of its salesmen, who has since been indicted therefor.

In our opinion, in the interests of...

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