ROCHESTER EQUIP. & MAINTENANCE v. ROXBURY MTN. SERV., INC.

1655 CA 09-01292

68 A.D.3d 1803 (2009)

2009 NY Slip Op 9921

891 N.Y.S.2d 781

ROCHESTER EQUIPMENT & MAINTENANCE, Respondent, v. ROXBURY MOUNTAIN SERVICE, INC., et al., Appellants.

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

Decided December 30, 2009.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for, inter alia, breach of a contract pursuant to which it purchased a used construction vehicle from defendants. After purchasing the vehicle and refurbishing it, plaintiff discovered that it had been stolen. The vehicle was subsequently seized by the Department of Motor Vehicles and sold at public auction to a third...

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