Sauer v. Vigilant Insurance

OPINION OF THE COURT

Herman Cahn, J.

This action was submitted on an agreed statement of facts pursuant to CPLR 3222.

THE FACTS

On March 22, 1977, plaintiff purchased a 1976 Cadillac *244Coupe de Ville bearing identification number 6D47S6E121853. The car had been advertised in the New York Times by a woman who identified herself as Alice Patain. Before the actual purchase, plaintiff met Alice Patain to inspect the car and found it to be in perfect condition. After further inspection of the car, he agreed to purchase it for $6,800 (the amount sought herein).

On March 22, 1977, the purchase was…