United States Second Circuit

Summary judgment was properly granted to defendant on claims of breach of contract, fraudulent misrepresentation, and negligent misrepresentation. The sale contract for a used aircraft engine had not been modified; its terms were not unconscionable; it disclaimed any representation as to the engine's airworthiness, which was in any event easily discoverable by plaintiff; no special relationship existed between the parties.

Appellate Information

• Argued 10/07/2003
• Decided 12/19/2003
• Published 12/19/2003

Judges

• JOHN M. WALKER, Jr., Chief Judge., Before:  WALKER, Chief Judge, NEWMAN and CARDAMONE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Stuart A. Jackson, Ré, Parser & Partners, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Patrick P. Salisbury, Salisbury & Ryan, New York, NY, for Defendant-Appellee.