Hayduk v. Mahoney Motor Sales, Inc.

In an action (a) to recover the price paid by plaintiff for an automobile purchased by him from the defendant, a dealer (first cause of action); and (b) to recover damages for loss of the use of the automobile (second cause of action), on the ground that plaintiff had elected to rescind the sale by reason of defendant’s alleged breach of warranty that the automobile was fit for the purpose for which it was required and that it was of merchantable quality (Personal Property Law, §§ 96, 150), defendant appeals from a judgment of the City Court of Yonkers, entered June 12, 1962 upon an order of…