Torrington Industries, Inc. v. Southworth-Milton, Inc.

Appeal from an order of the Supreme Court (Aulisi, J.), entered March 4, 2004 in Warren County, which, inter alia, granted defendants’ motions for summary judgment dismissing the complaint.

In April 2001, plaintiff agreed to purchase a used bulldozer from defendant Southworth-Milton, Inc. The signed purchase order explicitly stated that the sale was subject to an inspection of the equipment by plaintiff. As anticipated, an officer of plaintiff inspected the bulldozer the following month. Included among his notes from that inspection is an acknowledgment that it was being sold with “no…