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Weiner v. M. Fortunoff of Westbury, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1974
45 A.D.2d 718 (N.Y. App. Div. 1974)

Opinion

June 3, 1974


In this action (styled as a class action) for a judgment inter alia declaring that defendant's method of billing its customers, including plaintiff, under retail installment credit agreements is violative of subdivision 3 of section 413 Pers. Prop. of the Personal Property Law and illegal, defendant appeals from an order of the Supreme Court, Nassau County, dated January 28, 1972, which denied its motion to dismiss the complaint. Order reversed, on the law, with $20 costs and disbursements, and motion granted. In the light of the determination in Zachary v. R.H. Macy Co. ( 31 N.Y.2d 443), the complaint should have been dismissed. Moreover, in connection with the untenability as a matter of law of the second cause of action, see Household Finance Corp. v. Goldring ( 263 App. Div. 524, 527, affd. 289 N.Y. 574). Hopkins, Acting P.J., Latham, Shapiro, Brennan and Munder, JJ., concur. [ 69 Misc.2d 171.]


Summaries of

Weiner v. M. Fortunoff of Westbury, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1974
45 A.D.2d 718 (N.Y. App. Div. 1974)
Case details for

Weiner v. M. Fortunoff of Westbury, Inc.

Case Details

Full title:ALICE M. WEINER, on Behalf of Herself and All Other Persons Similarly…

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

Date published: Jun 3, 1974

Citations

45 A.D.2d 718 (N.Y. App. Div. 1974)