Appellate Division of the Supreme Court of the State of New York May 8, 1995 (Ford Motor Credit Co. v. Colonial Funding Corp.)

In an action to recover damages for breach of warranty and fraud, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lockman, J.), dated September 2, 1993, which granted the defendant’s motion for summary judgment dismissing the complaint and denied its cross motion for summary judgment. Justice Miller has been substituted for the late Justice Lawrence (22 NYCRR 670.1 [c]).