Pelusio v. Mulye

Order and judgment unanimously reversed, with costs, and motion denied. Memorandum: In this action to rescind a contract for the purchase of an automobile on the ground of the buyer’s infancy, Special Term granted plaintiffs’ motion for summary judgment. Admittedly, the purported buyer, in whose name the receipts for the purchase price were made and to whom the certificate of registration was issued, was an infant. In opposition to the motion defendants allege that in fact the transaction was made between them and the infant’s father, the plaintiff herein; that he testdrove the vehicle, made…