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BROE v. ONEONTA SALES CO

100 Misc.2d 1099 (1978)

C. Joseph Broe, Plaintiff v. Oneonta Sales Co., Inc., et al., Defendants.

Supreme Court, Special Term, Otsego County.

December 26, 1978

Attorney(s) appearing for the Case

Hinman, Howard & Kattell (John M. Keeler of counsel), for Ford Motor Company, defendant. Farrington, Hulbert, Molinari & Haus (Ronald R. Haus of counsel), for Oneonta Sales Co., Inc., defendant. Van Woert, Dunn & Konstanty (James E. Konstanty of counsel), for plaintiff.

RICHARD F. KUHNEN, J.

Defendant Ford Motor Company has moved for summary judgment dismissing the complaint as to it and the plaintiff has cross-moved for summary judgment against Ford in the sum of $5,000.

The complaint charges both defendants with breach of express and implied warranties of merchantability and fitness for use arising out of the purchase of a Ford truck from defendant Oneonta Sales...

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