MINCONE v. BENJAMIN PONTIAC


115 Misc.2d 824 (1982)

John Mincone, Plaintiff, v. Benjamin Pontiac, Inc., Defendant and Third-Party Plaintiff. General Motors Corporation, Third-Party Defendant.

District Court of Nassau County, First District.

May 5, 1982


Attorney(s) appearing for the Case

Irving Koondel for plaintiff. Lindenbaum & Young (Nicholas H. Rozos of counsel), for defendant and third-party plaintiff. Ciaravino & Smith (Philip D. Jackson of counsel), for third-party defendant.


JOSEPH GOLDSTEIN, J.

Plaintiff, a purchaser of a new Pontiac automobile from the defendant dealer, sues for damages arising from an alleged breach of warranty, claiming that the new automobile which he purchased was not suitable for the purposes for which it was intended, nor was it in a safe and merchantable condition when delivered by the defendant dealer to plaintiff. The defendant dealer not only denies plaintiff's claim, saying that the car was of...

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