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SCHMIDT v. MERCEDES-BENZ MANHATTAN, INC.

254 A.D.2d 136 (1998)

679 N.Y.S.2d 291

George Schmidt, Appellant, v. Mercedes-Benz Manhattan, Inc., Respondent

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

October 20, 1998

Viewing the evidence in the light most favorable to plaintiff, the court properly determined that there was no rational process by which a trier of fact could find for plaintiff on any of his asserted claims (see, Royal Ins. Co. v Mercy Hosp., 204 A.D.2d 219). Plaintiff made no prima facie showing that defendant failed to deliver the new automobile requested by plaintiff. We have considered and rejected plaintiff's remaining...

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