SNYDER v. GALLAGHER TRUCK CTR., INC.


89 A.D.2d 705 (1982)

Kenneth J. Snyder, Jr., Appellant, v. Gallagher Truck Center, Inc., et al., Respondents

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

July 22, 1982


On March 28, 1978, plaintiff purchased from defendant Gallagher Truck Center, Inc., a 1978 Peterbilt Tractor demonstrator model which had then been driven 13,930 miles, and which was expressly warranted to contain a 360-horsepower engine. At the time, a contract was signed limiting plaintiff's remedies to repair or replacement of defective materials and workmanship and providing a one-year time limitation within which to commence an action. Plaintiff complained in early April...

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