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PATELL INDUS. MACH. v. TOYODA MACHINERY U.S.A.

Civ. No. 93-CV-1572.

880 F.Supp. 96 (1995)

PATELL INDUSTRIAL MACHINE CO., INC., Plaintiff v. TOYODA MACHINERY U.S.A., INC., Defendant.

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

March 30, 1995.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock Blaine & Huber, Rochester, NY, for plaintiff (Gregory M. Trusso, of counsel).

Martin, Martin & Woodard, Syracuse, NY, for defendant (Winthrop H. Thurlow, of counsel).

DECISION AND ORDER

SCULLIN, District Judge:

INTRODUCTION

Presently before the court is defendant Toyoda Machinery U.S.A., Inc.'s ("Toyoda") motion for partial summary judgment as to three of the four causes of action brought in the complaint. Toyoda seeks to dismiss plaintiff Patell Industrial Machine Co., Inc.'s ("Patell") causes of action alleging breach of warranty, fraudulent inducement, and negligent misrepresentation.

BACKGROUND...

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