Pennsylvania Gas Co. v. Secord Bros.

Edward M. Hobby; J.

This is a motion by the plaintiff for summary judgment pursuant to CPLR 3212. It raises as its principal consideration the proper means of excluding by contract both implied and express warranties arising during the course of contractual negotiations.

In its complaint the plaintiff seeks to recover from the defendants $25,242.60 representing the balance of the purchase price of certain heating and air-conditioning units after crediting a payment of $2,805 on a purchase price of $28,047.60. There is also a subsidiary claim for attorneys’ fees for the collection of the balance…