Legal Opinion
DeSantis v. Sears, Roebuck & Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 29, 1989PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Mahoney, P. J.
On December 17, 1986 defendant advertised a Christmas sale in two Albany County newspapers. The advertisement stated that a sabre saw, which regularly sold for $59.95, would be on sale for $29.99 until December 20, 1986. There is no evidence that the advertisement contained a disclaimer as to the item’s availability. On December 18, 1986, plaintiff went to defendant’s store in the Town of Colonie, Albany County, to purchase a sabre saw as a Christmas gift for his brother. When plaintiff arrived he learned not only that defendant did not have any saws in…
2Cases cited2 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Lockwood v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by9 opinions
- Panag v. Farmers Ins. Co. of WashingtonWashington Supreme Court · 2009
- Tetra Technologies, Inc. v. HarterDistrict Court, S.D. New York · 1993
- DeAngelis v. Timberpeg East, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Makas v. EveryAppellate Division of the Supreme Court of the State of New York · 1996
- Baker v. Burlington Coat Factory WarehouseYonkers City Court · 1998
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