Ekizian v. Capurro

OPINION OF THE COURT

Edwin S. Shapiro, J.

Plaintiff purchased a used 1976 Chevrolet van from defendant for the sum of $1,700 and sues for $1,450 in alleged damages arising out of a defective engine.

With the consent of defendant’s counsel, a small claims trial was held on the adjourned date without the presence of defendant. The evidence established that at the time of the sale the vehicle’s cylinder head was cracked in five places. The vehicle was unregistered and could not be lawfully road tested by a competent mechanic. Plaintiff’s friend, a “backyard mechanic” checked out the engine by…