Carlone v. Adduci

Mikoll, J. P.

Appeal from an order of the Supreme Court (Harris, J.), entered October 11, 1994 in Albany County, which, inter alia, denied defendant’s cross motion for summary judgment dismissing the complaint.

On August 16, 1988, plaintiff, a Canadian citizen, purchased a used DeTomaso 874 Pantera automobile from MRM Indus*755tries, Inc. in Connecticut allegedly bearing vehicle identification number (hereinafter VIN) THPNLK01142. A bill of sale from MRM indicated that the Pantera, VIN 01142, was sold to plaintiff "as is” for $6,850.

When plaintiff attempted to transport the Pantera across the…