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CULLEN v. BMW OF NORTH AMERICA, INC.

No. 79 C 970.

490 F.Supp. 249 (1980)

Thomas W. CULLEN, Jr., Plaintiff, v. BMW OF NORTH AMERICA, INC., Defendant.

United States District Court, E. D. New York.

May 16, 1980.

Attorney(s) appearing for the Case

Louis J. Castellano, Jr., Garden City, N. Y., for plaintiff.

Weil, Gotshal & Manges, New York City, for defendant, by Kevin P. Hughes and Yvette Miller, New York City.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiff in this action seeks to recover approximately $18,000 he paid to Bavarian Auto Sales, Inc. ("Bavarian"), then a franchised BMW dealer, for the purchase of a new automobile he never received. The undisputed facts reveal that plaintiff and Bavarian entered into a sales contract on January 24, 1979, and plaintiff promptly remitted the full purchase price upon Bavarian's representation that the vehicle had...

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