Jacobs v. Smith Boys Marine Sales, Inc.

Appeal from an order of the Supreme Court (Mulvey, J.), entered October 22, 2004 in Tompkins County, which, inter alia, granted the cross motion of Smith Boys Marine Sales, Inc. to dismiss the complaint in action No. 1.

Paul Jacobs, plaintiff in action No. 1 and defendant in action No. 2, purchased a new boat from Smith Boys of Rochester, Inc. pursuant to a written contract. He paid in full for the boat with cash and an allowance for the trade-in value of his old boat. Prior to Jacobs leaving the premises, Smith Boys of Rochester found a crack in the engine and signs of leaking in the trade-in…