SIMMONS v. WASHING EQUIPMENT TECHNOLOGIES

1161 CA 09-02424.

78 A.D.3d 1645 (2010)

912 N.Y.S.2d 360

THOMAS SIMMONS et al., Respondents-Appellants, v. WASHING EQUIPMENT TECHNOLOGIES, Appellant-Respondent, et al., Defendant.

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

Decided November 19, 2010.


It is hereby ordered that the cross appeal is unanimously dismissed and the order so appealed from is modified on the law by granting the cross motion in part and dismissing the breach of warranty causes of action against defendant Washing Equipment Technologies, and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for breach of warranty and fraud arising out of their purchase of equipment used to recycle...

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