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FILI v. MATSON MOTORS

183 A.D.2d 324 (1992)

Joseph T. Fili et al., Appellants-Respondents, v. Matson Motors, Inc., et al., Respondents-Appellants, and General Motors Corporation, Respondent

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

November 18, 1992

Attorney(s) appearing for the Case

Sam C. Bonney, Waterloo, for appellants-respondents.

Smith, Murphy & Schoepperle, Buffalo (Dennis P. Mescall of counsel), for Matson Motors, Inc., respondent-appellant.

Harter, Secrest & Emery, Rochester (John C. Herbert and Richard E. Alexander of counsel), for General Motors Corporation, respondent-appellant.

Smith & Reddy, Rochester (Michael Reddy of counsel), for Mark A. Johnson, respondent-appellant.

CALLAHAN, J. P., GREEN, FALLON and DAVIS, JJ., concur.

BALIO, J.

Plaintiff Joseph T. Fili delivered his Chevrolet pickup truck to defendant Matson Motors, Inc. for repair of the vehicle's clutch. While driving his truck after completion of the servicing, Fili noticed that the clutch was not working properly, and he returned the truck to Matson Motors for further repair. Fili told a Matson salesperson that he could not be without a vehicle, and the salesperson loaned...

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