Legal Opinion

Cullen v. BMW of North America, Inc.

District Court, E.D. New York

Decided May 16, 1980No. 79 C 970PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiff in this action seeks to recover approximately $18,000 he paid to Bavarian Auto Sales, Inc. (“Bavarian”), then a franchised BMW dealer, for the purchase of a new automobile he never received. The undisputed facts reveal that plaintiff and Bavarian entered into a sales contract on January 24, 1979, and plaintiff promptly remitted the full purchase price upon Bavarian’s representation that the vehicle had arrived and was being serviced. After Bavarian failed to keep its part of the bargain and deliver the BMW automobile, plaintiff commenced a…

2Cases cited23 opinions

  1. Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
  2. Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
  3. Brackett v. . GriswoldNew York Court of Appeals · 1889
  4. American Manufacturers Mutual Insurance Company v. American Broadcasting-Paramount Theatres, Inc.Court of Appeals for the Second Circuit · 1967
  5. Ruza v. RuzaAppellate Division of the Supreme Court of the State of New York · 1955

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3Cited by11 opinions

  1. Silver v. NelsonDistrict Court, E.D. Louisiana · 1985
  2. Idrees v. American University of the CaribbeanDistrict Court, S.D. New York · 1982
  3. Demalco Ltd. v. FeltnerDistrict Court, S.D. New York · 1984
  4. Kramer v. Showa Denko K.K.District Court, S.D. New York · 1996
  5. In Re Elsa Designs, Ltd.United States Bankruptcy Court, S.D. New York · 1993

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