Purcell v. McDaniel Ford, Inc.

—In an action to recover damages for breach of contract and fraud, the defendant third-party plaintiff appeals from an order of the Supreme Court, *602Nassau County (Yachnin, J.), dated October 20, 1994, which granted the plaintiffs motion for summary judgment on the issue of liability on the complaint and denied its motion for summary judgment on the third-party complaint as against Circle Service Center Corp.

Ordered that the order is affirmed, with costs.

There are no triable issues of fact as to whether the appellant made misrepresentations and breached the warranty it issued to the plaintiff…