Legal Opinion

Natale v. Martin Volkswagen, Inc.

Utica City Court

Decided February 6, 1978PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Harold H. Hymes, J.

This is an action in Small Claims Court brought by the plaintiff for breach of warranty in the sale of a used car.

In response to a newspaper advertisement describing a 1969 Chrysler automobile as being "in good running condition” for $400, the plaintiff visited the defendant’s premises. The de*1048fendant is a dealer in new and used cars. Plaintiff was accompanied by her nephew, for whom she was buying the automobile.

She testified that the salesman repeatedly assured her that the car was in good running order. The salesman testified that he made no such…

2Cases cited3 opinions

  1. Regan Purchase & Sales Corp. v. PrimaveraCivil Court of the City of New York · 1972
  2. Dato v. VatlandNassau County District Court · 1962
  3. Winsey v. Spitzer Motor Sales, Inc.Appellate Terms of the Supreme Court of New York · 1958

3Cited by16 opinions

  1. Herbert v. HarlSupreme Court of Missouri · 1988
  2. Crandell v. Larkin and Jones Appliance Co.South Dakota Supreme Court · 1983
  3. Diaz v. Paragon Motors of Woodside, Inc.District Court, E.D. New York · 2006
  4. Rayhn v. Martin Nemer Volkswagen Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  5. Worthey v. Specialty Foam Products, Inc.Missouri Court of Appeals · 1979

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