Port City Ford-Mercury, Inc. v. Adduci

Determination unanimously confirmed and petition dismissed without costs. Memorandum: In this CPLR article 78 proceeding, petitioner, a new and used car dealership, seeks to annul the determination of the Commissioner of Motor Vehicles that petitioner violated Vehicle and Traffic Law § 417. That section provides that the seller of a used car must execute and deliver a certificate that "said motor vehicle * * * is in condition and repair to render, under normal use, satisfactory and adequate service upon the public highway at the time of delivery.” The statute is violated when the seller fails…