Legal Opinion
Spinella v. Atlantic Tug & Equipment Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1954PublishedCited by 4 opinions
1Opinion of the CourtMcCubn, P. J.
This is an appeal from a judgment in favor of the defendant entered pursuant to an order for summary judgment.
Plaintiff is engaged in the business of landscaping and gardening work. Defendant is engaged in the business of selling construction equipment including tractors and accessories. Defendant sold and delivered to the plaintiff a certain Oliver Cletrac crawler tractor and ware loader for the sum of $3,540. Plaintiff alleges a cause of action on the theory of implied warranty of fitness for a particular purpose (Personal Property Law, § 96, subd. 1). The allegations of the complaint and…
2Cases cited9 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Angerosa v. White CompanyNew York Court of Appeals · 1937
- Lumbrazo v. WoodruffNew York Court of Appeals · 1931
- Foley v. Liggett & Myers Tobacco Co.Appellate Terms of the Supreme Court of New York · 1930
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3Cited by4 opinions
- Sherkate Sahami Khass Rapol v. Henry R. Jahn & Son, Inc.Court of Appeals for the Second Circuit · 1983
- Sherkate Sahami Khass Rapol (Rapol Construction Co.) v. Henry R. Jahn & Son, Inc., Henry R. Jahn & Son, Inc., and Third-Party v. Lufkin Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1983
- Moore v. Schlossman's, Inc.City of New York Municipal Court · 1957
- Stryker v. RuschAppellate Division of the Supreme Court of the State of New York · 1959