Legal Opinion
Monaco v. Chrysler Sales Corp.
District Court, S.D. New York
Decided February 20, 1961PublishedCited by 1 opinion
1Opinion of the Court
HERLANDS, District Judge.
Upon the conclusion of the entire case, the defendants moved to dismiss, inter alia, the claim in each of the two complaints predicated upon breach of an implied warranty of fitness for use.
The jurisdiction of this Court is based upon diversity of citizenship. The substantive law to be applied is that of New York State. The actions are for damages sustained by the plaintiff when, on February 2, 1956, the car he was driving went out of control, collided against a tree, and severely injured the plaintiff. The car had been manufactured by the defendant Chrysler…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Chysky v. . Drake Brothers Co.New York Court of Appeals · 1923
- Gimenez v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1934
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3Cited by1 opinion
- Mull v. Colt Co.District Court, S.D. New York · 1962