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LUCIANO v. VOLKSWAGEN CORP.

127 A.D.2d 1 (1987)

Peter F. Luciano et al., Respondents, v. World-Wide Volkswagen Corporation, Appellant, et al., Defendants

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

April 9, 1987

Attorney(s) appearing for the Case

Gruber & Gruber, P. C. (Simon J. Hauser of counsel), for appellant.

Bartlett, Pontiff, Stewart, Rhodes & Judge, P. C. (John W. Caffry of counsel), for respondents.

MAIN and HARVEY, JJ., concur with LEVINE, J.; MAHONEY, P. J., and MIKOLL, J., concur in part and dissent in part in an opinion by MAHONEY, P. J.

LEVINE, J.

In December 1983, plaintiffs leased a Volkswagen Jetta automobile from defendant Garvey Volkswagen, Inc. (Garvey), an authorized Volkswagen dealer and service facility, under a two-year written lease which provided, inter alia, that the vehicle "shall have the benefit of the manufacturer's new car warranties or guarantees that apply to the vehicle or its accessories". The vehicle was manufactured...

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