Wilhelmsen v. Frank J. Bolan Sales, Inc.

Order unanimously affirmed, without costs. Memorandum: Action No. 1 is brought by Motors Insurance Corporation (MIC) in the name of John T. Wilhelmsen, pursuant to a subrogation agreement, against the retailer and manufacturers of a tractor-trailer seeking damages for moneys expended in repair of the truck and lost profits. This action is based on the theories of breach of warranty, strict liability and negligence. Action No. 2 is a suit by the owner of the vehicle, John T. Wilhelmsen, against MIC for his lost profits based upon the delay caused by MIC’s decision to repair the insured…