BURNS v. VOLKSWAGEN OF AMER.


118 Misc.2d 289 (1982)

Richard H. Burns, Plaintiff, v. Volkswagen of America, Inc., et al., Defendants.

Supreme Court, Monroe County.

October 23, 1982


Attorney(s) appearing for the Case

Harter, Secrest & Emery (Anthony R. Palermo of counsel), for Volkswagen of America, Inc., and another, defendants. Herzfeld & Rubin, P. C., for World-Wide Volkswagen Corp., defendant. Shoolman & Shoolman (Carl Shoolman of counsel), for plaintiff.


ANDREW V. SIRACUSE, J.

The defendants have submitted this joint motion to dismiss the complaint for failure to state a cause of action. The complaint, which contains seven causes of action, seeks money damages and injunctive relief for the injury sustained by plaintiff due to the malfunctioning of his automobile. Plaintiff is the owner of a 1978 gas-fueled Volkswagen Rabbit which was purchased on or about December 10, 1977 jointly with his wife. Plaintiff...

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