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Kiely v. C.A. Sharrow Ford, Inc.

174 A.D.2d 1013 Court N.Y. App. Div. Decision date 1991-06-07 English

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p. 1013
Dennis Kiely et al., Respondents, v C.A. Sharrow Ford, Inc., Defendant, and Marine Midland Automotive Financial Corporation (MMAFC), Appellant.

—Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs summary judgment on liability under the Used Car Lemon Law (see, General Business Law § 198-b). There is an issue of fact whether plaintiffs notified the dealer of the failure of a covered part within the specified warranty period (see, General Business Law § 198-b [b] [3]). (Appeal from Order of Supreme Court, Monroe County, Patlow, J.—Summary Judgment.) Present— Doerr, J. P., Boomer, Green, Pine and Davis, JJ.

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