SACCO v. TATE


175 Misc.2d 901 (1998)

672 N.Y.S.2d 618

Linda Sacco et al., Respondents, v. Pat Tate, Appellant.

Supreme Court, Appellate Term, Second Department.

January 14, 1998


Attorney(s) appearing for the Case

Pat Tate, appellant pro se. Linda Sacco, respondent pro se.

STARK, J. P., and FLOYD, J., concur; COLLINS, J., dissents in a separate memorandum.


MEMORANDUM.

Judgment affirmed without costs.

Plaintiffs commenced the instant action to recover veterinary expenses incurred by reason of the fact that the dog sold to them by defendant was not healthy. Plaintiffs were not entitled to avail themselves of the remedies afforded by article 35-D of the General Business Law by reason of their failure to comply with the requirements set forth in section 753 thereof. However...

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