Broe v. Oneonta Sales Co.

*1100OPINION OF THE COURT

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 Co., Inc., the motor of which subsequently ceased to function.

The answer of the defendant Ford denies any implied warranties and alleges affirmatively that plaintiff’s case does…