Legal Opinion

Marine Midland Bank, N. A. v. Bowker

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 1982PublishedCited by 15 opinions

1Opinion of the Court

*195OPINION OF THE COURT

Levine, J.

In 1979, defendant Bowker purchased an automobile from the automobile agency of third-party defendant John F. Byrne (Byrne), to be financed by a retail installment contract which was subsequently assigned to plaintiff. After defendant defaulted in payment, plaintiff brought suit against defendant for the balance due. Defendant interposed an answer which, inter alia, asserted a counterclaim for breach of warranty based upon the alleged defective condition of the vehicle. Thereafter, defendant also brought a third-party action against Byrne, as dealer, and Ford…

2Cases cited6 opinions

  1. Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
  2. George Cohen Agency, Inc. v. Donald S. Perlman Agency, Inc.New York Court of Appeals · 1980
  3. Howard Iron Works v. Buffalo Elevating Co.New York Court of Appeals · 1903
  4. Carlucci v. Poughkeepsie Newspapers, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  5. Stoddard v. Town Board of MarillaAppellate Division of the Supreme Court of the State of New York · 1976

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3Cited by15 opinions

  1. Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Chyrywaty v. ChyrywatyAppellate Division of the Supreme Court of the State of New York · 1984
  3. Woodin v. LaneAppellate Division of the Supreme Court of the State of New York · 1986
  4. Marine Midland Bank, N. A. v. BowkerNew York Court of Appeals · 1983
  5. In re Anthony J.Appellate Division of the Supreme Court of the State of New York · 1988

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