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PURCELL v. McDANIEL FORD, INC.

224 A.D.2d 601 (1996)

639 N.Y.S.2d 714

Thomas Purcell, Respondent, v. McDaniel Ford, Inc., Defendant and Third-Party Plaintiff-Appellant. Circle Service Center Corp., Third-Party Defendants-Respondents, et al., Third-Party Defendant

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

February 20, 1996

Ordered that the order is affirmed, with costs.

There are no triable issues of fact as to whether the appellant made misrepresentations and breached the warranty it issued to the plaintiff (see, CPLR 3212). The appellant's service manager admitted in a deposition that the appellant never inspected the subject vehicle and had no first-hand knowledge as to its roadworthiness. Moreover, the appellant's unsubstantiated...

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