Appellate Terms of the Supreme Court of New York, 1984

Wrynn v. Subaru Town Motors, Inc.

Appellate Terms of the Supreme Court of New York · Decided October 18, 1984

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

Counsel

APPEARANCES OF COUNSEL, Dublirer, Haydon, Straci & Victor (.Beatrice H. Salten-Smith of counsel), for appellant. Phyllis Wrynn, respondent pro se.

Opinion of the Court

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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