Wrynn v. Subaru Town Motors, Inc.

Appellate Terms of the Supreme Court of New York

Wrynn v. Subaru Town Motors, Inc.

126 Misc. 2d 1005, 487 N.Y.S.2d 247, 1984 N.Y. Misc. LEXIS 3743

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 18, 1984

StatusPublished

Cited by1 cases

This text of 126 Misc. 2d 1005 (Wrynn v. Subaru Town Motors, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wrynn v. Subaru Town Motors, Inc., 126 Misc. 2d 1005, 487 N.Y.S.2d 247, 1984 N.Y. Misc. LEXIS 3743 (N.Y. Ct. App. 1984).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed, without costs, and complaint dismissed.

Upon the record presented, the plaintiff failed to establish by a preponderance of the evidence any negligence on the part of the defendant. Plaintiff did not demonstrate the absence of reasonable care in ascertaining the defect in the vehicle so as to render defendant liable for its employee’s alleged negligent misrepresentation (see, White v Guarente, 43 NY2d 356, 362-363; 24 NY Jur, Fraud and Deceit, § 153; 6B Warren, New York Negligence, Misrepresentation of Facts § 3.01).

Pino, P. J., Hirsch and Jones, JJ., concur.

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