Islam v. Audi Manhattan

Summary

The Appellate Division, Second Department affirmed an order granting Audi Manhattan summary judgment dismissing claims for fraud, breach of the implied warranty of merchantability, and violation of General Business Law § 349. The court held that the defendants showed the plaintiff had signed a CARFAX report disclosing prior vehicle damage, that the vehicle was fit for its ordinary purpose and had no defect when sold, and that Audi had not engaged in materially misleading consumer-oriented conduct.

Holdings

1. Summary judgment dismissing the fraud claim against Audi Manhattan was proper because defendants established prima facie that Audi made no misrepresentation to Islam, and Islam failed to raise a triable issue of fact.
2. Summary judgment dismissing the implied-warranty-of-merchantability claim was proper because defendants established prima facie that the vehicle was fit for its ordinary purpose and had no damage or defect when sold to Islam, and Islam failed to raise a triable issue of fact.
3. Summary judgment dismissing the General Business Law § 349 claim was proper because defendants established prima facie that Audi Manhattan did not engage in materially deceptive or misleading consumer-oriented conduct, and Islam failed to raise a triable issue of fact.

Questions Presented

1. Whether defendants were entitled to summary judgment dismissing Islam's fraud claim against Audi Manhattan.
2. Whether defendants were entitled to summary judgment dismissing the claim for breach of the implied warranty of merchantability.
3. Whether defendants were entitled to summary judgment dismissing the claim under New York General Business Law § 349.

Disposition

affirmed