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NIGRO v. LEE

63 A.D.3d 1490 (2009)

882 N.Y.S.2d 346

JOSEPH NIGRO, Appellant, v. ALICE AIZHEN LEE et al., Respondents.

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

Decided June 25, 2009.

PETERS, J.P.

In 2006, defendant Maxwell Lee initiated an eBay auction sale of a 1995 Mercedes Benz owned by his mother, defendant Alice Aizhen Lee. Defendants' eBay advertisement described the car as "gorgeous," with three minor blemishes in the form of a missing master key, CD cartridge and spare tire, represented that the seller was the sole owner of the vehicle and cautioned that "[t]he vehicle is [being] sold as it is and conditions are disclosed to the best of...

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