SCARINGE v. HOLSTEIN


103 A.D.2d 880 (1984)

Thomas F. Scaringe, Appellant, v. Kurt E. Holstein, II, Respondent

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

July 5, 1984


¶ Defendant placed an advertisement in an Albany newspaper as follows: "1975 Fiat X-19, hardtop convertible. 4600 miles. Excellent condition. $2,200. Offers, 434-8518." Plaintiff responded and, while test-driving the car, defendant said that the car had recently been repainted. He also told plaintiff that a valve job had been done four months previous and that the manual transmission did not shift in the standard "H" pattern; rather, in order to shift from second to...

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