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DeSANTIS v. SEARS, ROEBUCK

148 A.D.2d 36 (1989)

Eugene D. DeSantis, Appellant, v. Sears, Roebuck and Company, Respondent

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

June 29, 1989

Attorney(s) appearing for the Case

Michael J. Hutter for appellant.

Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander (Lisa Oppedisano of counsel), and Sheila M. Walsh for respondent.

CASEY, WEISS, MERCURE and HARVEY, JJ., concur.

MAHONEY, P. J.

On December 17, 1986 defendant advertised a Christmas sale in two Albany County newspapers. The advertisement stated that a sabre saw, which regularly sold for $59.95, would be on sale for $29.99 until December 20, 1986. There is no evidence that the advertisement contained a disclaimer as to the item's availability. On December 18, 1986, plaintiff went to defendant's store in the Town of Colonie...

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