Rochester Equipment & Maintenance v. Roxbury Mountain Service, Inc.

*1804Memorandum: Plaintiff commenced this action seeking damages for, inter alia, breach of a contract pursuant to which it purchased a used construction vehicle from defendants. After purchasing the vehicle and refurbishing it, plaintiff discovered that it had been stolen. The vehicle was subsequently seized by the Department of Motor Vehicles and sold at public auction to a third person who is not a party to this action.

Supreme Court properly granted those parts of plaintiff’s cross motion seeking partial summary judgment on liability with respect to the first three causes of action, for breach…