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NELSON v. GARCIA

129 Misc.2d 909 (1985)

John C. Nelson, Jr., et al., Plaintiffs, v. Richard G. Garcia et al., Defendants.

Supreme Court, Erie County.

September 18, 1985

Attorney(s) appearing for the Case

Duke, Holzman, Yeager & Radlin for plaintiffs. Phillips, Lytle, Hitchcock, Blaine & Huber for General Motors Corporation, defendant. Stanley Roth for Richard G. Garcia and another, defendants. Damon & Morey for Raymond E. Goerss, defendant. Bouvier, O'Connor, Cegielski & Levine for Amerford Airways, Inc., defendant. Maghran, McCarthy & Flynn for Horton Company, defendant. Dixon & DeMarie, P. C., for Professional Vehicle Sales, Inc., defendant. Canale, Madden & Burke for Larry C. Breweur and another, defendants. Peter A. Vinolus for S & D Trucking Co., defendant. Smith, Murphy & Schoepperle for Town of Holland, defendant.

VINCENT E. DOYLE, J.

Motion by defendant General Motors Corporation (GMC) for an order pursuant to CPLR 3212 directing entry of judgment dismissing the complaint and all cross claims against GMC.

The undisputed facts in this case from transcripts of depositions of the parties and affidavits submitted are as follows: GMC manufactured and sold an incomplete vehicle consisting of a "cutaway" chassis. It included a cab used by the driver, but had...

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