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MATTER OF VOERG LINCOLN-MERCURY, INC. v. MELTON

55 A.D.2d 986 (1977)

In the Matter of Voerg Lincoln-Mercury, Inc., Petitioner, v. James P. Melton, as Commissioner of The Department of Motor Vehicles, Respondent

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

January 20, 1977

Petitioner is a domestic corporation engaged in the retail sale of automobiles pursuant to a registration issued by the Department of Motor Vehicles. In November, 1972 one Stephen Craft purchased a 1969 Pontiac automobile from petitioner. When the vehicle was delivered, the odometer reading was 29,464 miles. Mr. Craft drove the car for two years and though satisfied with its performance he was aware that the odometer was not registering mileage. In October, 1974 Craft returned...

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