Opinion
May 1, 1967
Appeal by the defendant from a judgment awarding damages to the plaintiff after a nonjury trial in Supreme Court. The action was brought for fraud and breach of express warranty as to a used truck-tractor sold to the plaintiff by the defendant garageman. The central factual issue concerned the engine of the vehicle, the block of which had been cracked and repaired prior to the sale to the plaintiff. The record in this case contains a preponderance of evidence supporting the trial court's determination that the elements of fraud were established and also that there was a breach of express warranty. Judgment affirmed, with costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum Per Curiam.