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SABIA v. MATTITUCK INLET MARINA AND SHIPYARD, INC.

24 A.D.3d 178 (2005)

805 N.Y.S.2d 346

FRANK SABIA et al., Respondents, v. MATTITUCK INLET MARINA AND SHIPYARD, INC., Appellant, et al., Defendant.

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

December 8, 2005.

Plaintiffs' causes of action for breach of contract and fraud are based on allegations that a boat they purchased from Mattituck's stock was, contrary to defendants' alleged representations, defective. In support of their breach of contract claim against Mattituck, plaintiffs aver (by way of the affidavit of plaintiff Frank Sabia) that Mattituck was the true seller, and that title was transferred to plaintiffs through codefendant R. Gil Liepold & Associates (Liepold)...

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