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SPINELLA v. ATL. TUG & EQUIP. CO.

283 A.D. 259 (1954)

Dominick Spinella, Appellant, v. Atlantic Tug and Equipment Company, Inc., Respondent

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

February 5, 1954.

Attorney(s) appearing for the Case

Salvador J. Capecelatro, Jr., for appellant.

Phillip T. Young for respondent.

Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

McCURN, P. J.

This is an appeal from a judgment in favor of the defendant entered pursuant to an order for summary judgment.

Plaintiff is engaged in the business of landscaping and gardening work. Defendant is engaged in the business of selling construction equipment including tractors and accessories. Defendant sold and delivered to the plaintiff a certain Oliver Cletrac crawler tractor and ware loader...

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