BETANCOURT v. MANHATTAN FORD


195 A.D.2d 246 (1994)

Melvin Betancourt, Individually and as Administrator of The Estate of Victor Betancourt, Deceased, et al., Appellants, v. Manhattan Ford Lincoln Mercury, Inc., Respondent

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

February 17, 1994


Attorney(s) appearing for the Case

Gerard K. Ryan, Jr., of counsel (Mary Anne Walling with him on the brief; Stanley R. Waxman, P. C., attorney), for appellants.

Stephen L. Segall of counsel (Groman & Segall, P. C., attorneys), for respondent.

ELLERIN, J. P., ROSS and NARDELLI, JJ., concur.


RUBIN, J.

The evidence of record establishes that defendant breached its duty to provide the Betancourts (plaintiffs) with a vehicle in safe condition and good working order. Defendant rented to plaintiffs a vehicle with a history of overheating as the result of leaking engine coolant, a problem which had been reported to defendant on two prior occasions, and which defendant failed to rectify. While driving...

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