Judgment unanimously affirmed, with costs.
Memorandum:
Plaintiff purchased an automobile from defendant on April 6, 1984 and thereafter filed a petition in bankruptcy on May 9, 1984. He claims that in July of 1984 he learned that the automobile was not new but had been damaged and repaired before it was sold to him. In the bankruptcy proceeding, plaintiff listed the vehicle on his asset schedule. On September 27, 1984 the trustee in bankruptcy abandoned the...
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