LEVITAN & SONS v. FRANCIS


88 Misc.2d 125 (1976)

Robert Levitan & Sons, Inc., Appellant-Respondent, v. Christine Francis, Respondent-Appellant.

Supreme Court, Appellate Term, Second Department.

May 25, 1976


Attorney(s) appearing for the Case

Milton Kostroff and David E. Pressman for appellant. Norman Spiegel for respondent.

Concur: SCHWARTZWALD, P. J., RINALDI and O'CONNOR, JJ.


MEMORANDUM.

Judgment affirmed without costs.

In this action for goods sold and delivered, defendant counterclaimed for damages based upon the Truth-in-Lending Act (US Code, tit 15, § 1601 et seq.; see, also, 12 CFR Part 226) and articles 10 and 10A of the Personal Property Law. The dismissal of plaintiff's complaint and the award of damages to defendant were entirely proper. The failure to date the contract was a violation of both the Federal and...

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