Order unanimously modified in the interest of justice and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: Plaintiff made a $25,000 down payment toward the purchase of a truck from defendant Kenworth Trucking Company of Rochester (Kenworth Trucking) and unsuccessfully sought to finance the balance of $59,000. Thereafter, on December 29, 1986, plaintiff and defendant Steen Trucking, Inc. (Steen Trucking), entered into a written "sales...
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