BURNS v. VOLKSWAGEN OF AM., INC.


97 A.D.2d 977 (1983)

Richard H. Burns, and All Others Similarly Situated, Appellants, v. Volkswagen of America, Inc., et al., Respondents. (Appeal No. 3.)

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

November 4, 1983


Order unanimously affirmed, without costs.

Memorandum:

Special Term properly granted summary judgment dismissing plaintiff's individual breach of warranty claim on the ground that plaintiff did not give timely notice of the alleged defect in his Volkswagen Rabbit automobile as required by section 2607 of the Uniform Commercial Code. There is no merit to the contention that the court erred in treating the motion as one for summary judgment. The court properly...

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