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ESTRUCH v. VOLKSWAGENWERK, AG.

97 A.D.2d 977 (1983)

Cindy Estruch et al., and All Others Similarly Situated, Appellants, v. Volkswagenwerk, AG., et al., Respondents. (Appeal No. 1.)

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

November 4, 1983

Order unanimously affirmed, without costs.

Memorandum:

For reasons stated in its memorandum decision Special Term properly dismissed plaintiffs' causes of action for negligence and property damage based on alleged defects and breakdowns in plaintiffs' Volkswagen Rabbit automobiles. Plaintiffs' claims arose out of the failure of the automobiles to perform as promised and their remedy is not in tort but in contract (see Cayuga Harvester v Allis-Chalmers Corp...

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