Fillet v. Curry

In an action to rescind the purchase of a new motor vehicle, based upon defendant’s breach of an implied warranty of merchantability, plaintiff appeals from a judgment of the County Court, Westchester County, dated May 10, 1959, dismissing his complaint at the close of the entire case, after a jury trial. Judgment affirmed, with costs. Plaintiff purchased a motor vehicle from defendant, an authorized dealer. Plaintiff was given a parts warranty under which defendant guaranteed the parts for 90 days or 4,000 miles, whichever occurred first. The day following the delivery of the vehicle and…