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Carter v. General Motors Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 804 (N.Y. App. Div. 2000)

Opinion

June 16, 2000.

Appeal from Order of Supreme Court, Onondaga County, Major, J. — Summary Judgment.

PRESENT: GREEN, J.P., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied that part of the cross motion of defendant Jay's Chevrolet (Jay's) seeking summary judgment dismissing the claim under Vehicle and Traffic Law § 417 Veh. Traf.. The statute is "primarily designed to protect the purchasers [of used motor vehicles] from being sold an improperly equipped or defective vehicle" ( Pierce v. International Harvester Co., 61 A.D.2d 255, 260, quoting statement of Counsel and Deputy Commissioner of Motor Vehicles in support of L 1954, ch 86, 1954 Legis Ann, at 263-264). Although Vehicle and Traffic Law § 417 Veh. Traf. requires dealers of used motor vehicles to provide written notice to the buyer that the vehicle complies with regulatory requirements "as shall be specified by the commissioner [of the department of motor vehicles]" ( see, 15 NYCRR 78.13 [b], [c] [1]-[18]), the statute also requires that such notice contain a certification that the vehicle "is in condition and repair to render, under normal use, satisfactory and adequate service upon the public highway at the time of delivery" (Vehicle and Traffic Law § 417 Veh. Traf.). Thus, contrary to the contention of Jay's, the certification is not limited to the 18 items listed in the regulations.


Summaries of

Carter v. General Motors Corporation

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 804 (N.Y. App. Div. 2000)
Case details for

Carter v. General Motors Corporation

Case Details

Full title:HELEN CARTER AND ROBERT CARTER, PLAINTIFFS-RESPONDENTS, v. GENERAL MOTORS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 16, 2000

Citations

273 A.D.2d 804 (N.Y. App. Div. 2000)
709 N.Y.S.2d 309

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The Fourth Department has specifically held that the dealer's certification is not limited to the 18 items…