ROZWELL v. PHILANZ OLDSMOBILE, INC.


187 A.D.2d 938 (1992)

L. Louise Rozwell, Respondent, v. Philanz Oldsmobile, Inc., et al., Defendants, and Thomas Bruce, Individually and as Salesman for Philanz Oldsmobile, Inc., Appellant. (Appeal No. 1.)

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

November 18, 1992


Judgment unanimously affirmed with costs.

Memorandum:

In May 1986, plaintiff purchased what was held out as a new car from defendant Philanz Oldsmobile (Philanz). Defendant Thomas Bruce was a salesman employed by Philanz, and defendant Robert Bond was Philanz' sales manager. After receiving the car, plaintiff was not satisfied with its condition, which indicated to her that it was not, in fact, a new car. In pertinent part, plaintiff's complaint asserted a...

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