ROTELLA v. McLAUGHLIN


295 A.D.2d 993 (2002)

743 N.Y.S.2d 358

FRANK ROTELLA et al., Respondents, v. RICHARD McLAUGHLIN, Appellant.

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

Decided June 14, 2002.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is denied.

Memorandum:

Supreme Court erred in granting plaintiffs' motion for summary judgment on the issue of liability in this action involving the private sale of a motor vehicle. Plaintiffs failed to meet their initial burden of establishing their entitlement to judgment as a matter of law with respect to fraud or...

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