LOOMIS v. MAGUIRE'S EQUIP.


124 A.D.2d 82 (1987)

David A. Loomis, Respondent, v. "Stu" Maguire's Equipment Sales, Inc., Appellant

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

January 29, 1987


Attorney(s) appearing for the Case

Livingston T. Coulter for appellant.

McMahon & McMahon, P. C. (Peter L. Coseo of counsel), for respondent.

MAHONEY, P. J., CASEY, MIKOLL and LEVINE, JJ., concur.


WEISS, J.

Plaintiff purchased a used four-wheel drive Dodge pickup truck from defendant on December 3, 1984 for a total price of $3,600. Although defendant had rebuilt the engine, plaintiff claims that he encountered substantial engine malfunctions shortly after the sale. In response to his complaints, plaintiff maintains that defendant assured him that the problems would dissipate with increased mileage. The...

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