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NASSAU SUFFOLK WHITE TRUCKS, INC. v. TWIN COUNTY TRANSIT MIX CORP.

62 A.D.2d 982 (1978)

Nassau Suffolk White Trucks, Inc., Respondent, v. Twin County Transit Mix Corp. et al., Appellants

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

April 3, 1978

Judgment affirmed, with costs.

Defendant-appellant Twin County Transit Mix Corp. agreed to purchase 10 concrete mixing trucks from plaintiff-respondent, a franchised dealer which is in the business of selling and servicing heavy duty trucks. The concrete barrels (the cement mixers) were purchased by Twin County from another company, not a party, which mounted the barrels on the trucks. Within one month after delivery of the first eight trucks, Twin County complained...

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