Legal Opinion
Sheridan Suzuki, Inc. v. Caruso Auto Sales, Inc.
New York Supreme Court
Decided September 23, 1981PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph J. Sedita, J.
The court finds itself in the position of having to choose where to place the burden of loss as between two apparently innocent parties. The basic facts of this case are essentially not in dispute. Only the application of the law to those facts is in serious question. Both parties have moved for summary judgment. To the best of this court’s knowledge, this is a case of the first impression in New York State.
On May 26, 1981, the plaintiff, Sheridan Suzuki, Inc. (hereinafter Suzuki) “sold” a motorcycle to one Ronald Bouton. Incident to this sale they gave…
2Cases cited10 opinions
- Morrill Realty Corp. v. Rayon Holding Corp.New York Court of Appeals · 1930
- Atlas Auto Rental Corp. v. WeisbergCivil Court of the City of New York · 1967
- Erie County Water Authority v. KramerAppellate Division of the Supreme Court of the State of New York · 1957
- Gadzella v. NeumaierNew York Supreme Court · 1971
- Bank of Jasper v. LangfordMissouri Court of Appeals · 1970
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3Cited by8 opinions
- Dion v. Silver City Dodge, Inc.Massachusetts Supreme Judicial Court · 1986
- Green v. Arcadia Financial Ltd.New York Supreme Court · 1997
- Cherry Creek Dodge, Inc. v. CarterWyoming Supreme Court · 1987
- Kaminsky v. KarminAppellate Division of the Supreme Court of the State of New York · 1992
- People v. DoeNew York Supreme Court · 1982
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