Legal Opinion
Land Power Equipment, LLC v. Amato
Suffolk County District Court
Decided March 3, 2009Published
1Opinion of the Court
OPINION OF THE COURT
C. Stephen Hackeling, J.
The plaintiff, Land Power Equipment, LLC, commenced this action seeking to recover $5,539.88 for mechanic services *1048rendered to the defendant’s (Roman Business Corp.) Daewoo skid steer loader. The defendant interposed an answer containing an affirmative defense that the plaintiff ‘s violation of section 398-d of the Vehicle and Traffic Law nullifies any contractual obligation between the parties. The defendant also advances a negligent/sham repair affirmative defense.
Undisputed Facts
The relevant undisputed facts presented to the court are that the…
2Cases cited5 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- General Motors Acceptance Corp. v. Chase Collision, Inc.New York Supreme Court · 1988
- Watts v. Thomas Carter & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
- Hammerstein v. Potamkin Cadillac Corp.Civil Court of the City of New York · 1979
- Longariello v. Getty Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 1994