83 A.D.2d 715 | N.Y. App. Div. | 1981
Appeal (1) from an order of the Supreme Court at Special Term (Lee, Jr., J.), entered April 30,1980 in Madison County, which, inter alia, granted a motion by defendant for summary judgment dismissing the complaint, and (2) from the judgment entered thereon. This litigation arose from plaintiff’s purchase, on April 14, 1977, of a new Pontiac Safari station wagon manufactured by the Pontiac Division of defendant General Motors Corporation (hereafter G M) from the Rick Morris Chevrolet-Pontiac, Inc., dealership (hereafter Morris), a duly authorized franchisee located in Cazenovia, New York. The Safari apparently functioned in a fairly satisfactory, though not perfect, manner until approximately December 21, 1977 when operational problems developed. Various repairs which were effected during the winter of 1978 failed to resolve the difficulties and,.in April of 1978, plaintiff informed Morris and its service manager that the car was out of alignment. Subsequent inspections by Morris and others allegedly revealed that the frame member on the right side was three-eighths of an inch shorter than the left side member, that the rear axle was offset from the front axle, and that the body was not properly aligned to the frame when affixed to the chassis. Correspondence between plaintiff’s attorney and G M indicates that G M, in accordance with its “Limited Warranty on New 1977 Pontiac Cars”, made offers to strip and rebuild the Safari and to make whatever repairs might be necessary at no