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DI PROSPERO v. BROWN & SONS

110 A.D.2d 250 (1985)

Ernesto Di Prospero et al., Respondents, v. R. Brown & Sons, Inc., Defendant and Third-Party Plaintiff-Appellant, et al., Third-Party Defendant

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

October 10, 1985

Attorney(s) appearing for the Case

Maynard, O'Connor & Smith (Richard M. Gershon of counsel), for appellant.

Parisi, De Lorenzo, Gordon, Pasquariello & Weiskopf, P. C. (Edward D. Falso and Richard H. Weiskopf of counsel), for respondents.

KANE, CASEY, WEISS and LEVINE, JJ., concur.

MAHONEY, P. J.

In June of 1969, plaintiff Ernesto Di Prospero (hereinafter plaintiff) purchased a 1969 Ford automobile from defendant. On August 15, 1970, plaintiff was involved in an accident while operating the vehicle, allegedly sustaining serious physical injury and property damage. In October 1972, plaintiff, directly, and his wife, derivatively, commenced an action against defendant alleging breach of express and implied warranties. Defendant impleaded...

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