Legal Opinion

Stream v. Sportscar Salon, Ltd.

Civil Court of the City of New York

Decided July 25, 1977PublishedCited by 15 opinions

1Opinion of the CourtCharles H. Cohen, J.

In this action the buyer of a used car seeks to recover the purchase price from the seller based upon a claim of breach of warranty. Plaintiff also sued for incidental expenses but submitted no proof in support of that claim or in support of a cause of action for fraud seeking punitive damages.

Following a contract dated February 28, 1976 for the sale and purchase of this used car, plaintiff on March 5, 1976 paid to defendant the balance of the purchase price which totaled $2,688 (although the bill of sale dated March 5, 1976 set forth a price of $2,750.50). On or about March 10, 1976 the car…

2Cases cited18 opinions

  1. Codling v. PagliaNew York Court of Appeals · 1973
  2. Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
  3. Swensson v. New York, Albany Despatch Co.New York Court of Appeals · 1956
  4. Markel v. SpencerAppellate Division of the Supreme Court of the State of New York · 1958
  5. Zicari v. Joseph Harris Co.Appellate Division of the Supreme Court of the State of New York · 1969

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3Cited by15 opinions

  1. Consolidated Data Terminals, a California Corporation, and Cross-Appellant v. Applied Digital Data Systems, Inc., a Corporation, and Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
  2. MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990
  3. Peckham v. Larsen Chevrolet-Buick-Oldsmobile, Inc.Idaho Supreme Court · 1978
  4. Perry v. Lawson Ford Tractor Co.Supreme Court of Oklahoma · 1980
  5. Michiana MacK, Inc. v. Allendale Rural Fire Protection DistrictIndiana Court of Appeals · 1981

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