Legal Opinion
Arthur Jaffee Associates v. Bilsco Auto Service, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 1982PublishedCited by 12 opinions
1Opinion of the Court
Order unanimously reversed, with costs, motion granted and complaint dismissed. Memorandum: Special Term improperly denied Fiat’s motion for summary judgment pursuant to CPLR 3212. There is no factual issue regarding the validity of Fiat’s disclaimer which requires a trial. Plaintiff purchased a used 1975 Lancia from Bilsco, an authorized dealer. Fiat was not a party to this sale. The express warranty upon which plaintiff relies clearly states that “it is given solely [o]n behalf of the Dealer and no one else, and is expressly in lieu of and excludes and supersedes any warranty of…
2Cases cited4 opinions
- Hole v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Zugarek v. WalckAppellate Division of the Supreme Court of the State of New York · 1976
- Pennsylvania Gas Co. v. Secord Bros.New York Supreme Court · 1973
- Pennsylvania Gas Co. v. Secord Bros.Appellate Division of the Supreme Court of the State of New York · 1974
3Cited by12 opinions
- Marcus v. BMW of North America, LLCCourt of Appeals for the Third Circuit · 2012
- Sloan v. Gen. Motors LLCDistrict Court, N.D. California · 2018
- Kuzian v. Electrolux Home Products, Inc.District Court, D. New Jersey · 2013
- Carbo Industries, Inc. v. Becker Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Butler v. Caldwell & Cook, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
7 more not listed; retrieve them via the Exa API.