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ARTHUR JAFFEE ASSOCS. v. BILSCO AUTO SERV., INC.

89 A.D.2d 785 (1982)

Arthur Jaffee Associates, Respondent, v. Bilsco Auto Service, Inc., Defendant, and Lancia of America, Division of Fiat Motors of North America, Inc., Appellant

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

July 9, 1982

Order unanimously reversed, with costs, motion granted and complaint dismissed.

Memorandum:

Special Term improperly denied Fiat's motion for summary judgment pursuant to CPLR 3212. There is no factual issue regarding the validity of Fiat's disclaimer which requires a trial. Plaintiff purchased a used 1975 Lancia from Bilsco, an authorized dealer. Fiat was not a party to this sale. The express warranty upon which plaintiff relies clearly states that "it is...

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