SEARS, ROEBUCK & CO. v. GALLOWAY


195 A.D.2d 825 (1993)

600 N.Y.S.2d 773

Sears, Roebuck & Company, Respondent, v. Nancy E. Galloway, Appellant

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

July 22, 1993


Casey, J.

In December 1985 plaintiff and defendant signed a "Retail Installment Contract and Security Agreement", whereby plaintiff would sell and install a boiler at premises owned by defendant for $5,375.92. The estimate and proposal of the work submitted by plaintiff and accepted by defendant outlined the services to be performed under the contract, and specifically stated that defendant, as customer, was to be responsible for the condition of the...

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