Hubbard v. Chenango County Chrysler, Inc.

Crew III, J. P.

Appeal from an order of the Supreme Court (Dowd, J.), entered August 31, 1999 in Chenango County, which denied a motion by defendant American Credit Services, Inc. for summary judgment on its cross claim against defendant Chenango County Chrysler, Inc.

On March 11, 1998, plaintiff purchased a motor vehicle from defendant Chenango County Chrysler, Inc. pursuant to a retail installment contract. Chenango, in turn, assigned the contract to defendant American Credit Services, Inc., the institution that financed the sale. The assignment clause set forth in the contract warrantied, in…