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UTICA OBSERVER DISPATCH, INC. v. BOOTH

106 A.D.2d 863 (1984)

Utica Observer Dispatch, Inc., Respondent, v. Edmund J. Booth et al., Defendants, and Gitzen Companies, Incorporated, et al., Appellants

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

December 14, 1984

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term erred in denying defendant Rusmar Sales Company's motion for summary judgment. There was no privity between defendant Rusmar and plaintiff and absent privity there can be no recovery for breach of implied warranty (see Uniform Commercial Code, §§ 2-314, 2-315; Jaffe Assoc. v Bilsco Auto Serv., 58 N.Y...

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