Snyder v. Gallagher Truck Center, Inc.

Appeal from an order of the Supreme Court at Special Term (Shea, J.), entered August 19,1981 in St. Lawrence County, which, inter alia, granted defendants’ motions for summary judgment and denied plaintiff’s cross motion to strike the affirmative defenses of defendants. On March 28, 1978, plaintiff purchased from defendant Gallagher Truck Center, Inc., a 1978 Peterbilt Tractor demonstrator model which had then been driven 13,930 miles, and which was expressly warranted to contain a 360-horsepower engine. At the time, a contract was signed limiting plaintiff’s remedies to repair or replacement…