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LAWSON v. ASPEN FORD, INC.

15 A.D.3d 628 (2005)

791 N.Y.S.2d 119

DAWN LAWSON et al., Respondents, v. ASPEN FORD, INC., Defendant, and FORD MOTOR COMPANY, Appellant. (And a Third-Party Action.)

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

February 28, 2005.

Ordered that the orders are affirmed, with one bill of costs.

Under the circumstances of this case, the Supreme Court properly denied the motion of the defendant Ford Motor Company (hereinafter Ford) for summary judgment dismissing the amended complaint insofar as asserted against it or, in the alternative, for an order of preclusion pursuant to CPLR 3126. Ford failed to establish that the plaintiffs' conduct in trading in the allegedly defective leased vehicle approximately...

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