MATTER OF TOBEY v. MELTON


74 A.D.2d 708 (1980)

In the Matter of Alan G. Tobey, Doing Business as Tobey's Auto Repair Service, Petitioner, v. James P. Melton, as Commissioner of Motor Vehicles, Respondent

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

February 28, 1980


Petitioner is an automobile repair shop and on November 18, 1976 made certain repairs to a 1970 Saab owned by one Schultz. Shortly after the repairs were performed, an engine noise was discovered which was found to be caused by loose bearings. The record reveals that the work done by petitioner did not cause the condition or noise and that the repair work was satisfactorily done. Schultz, however, maintained that the condition causing the noise was the result of the manner...

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