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