TORRINGTON INDUSTRIES, INC. v. SOUTHWORTH-MILTON, INC.


17 A.D.3d 894 (2005)

793 N.Y.S.2d 613

TORRINGTON INDUSTRIES, INC., Appellant, v. SOUTHWORTH-MILTON, INC., Respondent, and CATERPILLAR FINANCIAL SERVICES CORPORATION, Defendant and Third-Party Plaintiff-Respondent. THEODORE P. ZOLI JR., Also Known as THEODORE ZOLI, Third-Party Defendant-Appellant.

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

April 21, 2005.


Carpinello, J.

In April 2001, plaintiff agreed to purchase a used bulldozer from defendant Southworth-Milton, Inc. The signed purchase order explicitly stated that the sale was subject to an inspection of the equipment by plaintiff. As anticipated, an officer of plaintiff inspected the bulldozer the following month. Included among his notes from that inspection is an acknowledgment that it was being sold with "no warranty." In fact, the June 2001 invoice for the sale...

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