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WESLEY v. JOHN MULLINS & SONS, INC.

No. 74-C-273.

444 F.Supp. 117 (1978)

Mary WESLEY, for herself and all other persons similarly situated, Plaintiff, v. JOHN MULLINS & SONS, INC., et al., Defendants.

United States District Court, E. D. New York.

January 16, 1978.

Attorney(s) appearing for the Case

John C. Gray, Jr., Brooklyn, N. Y., Brooklyn Legal Services Corp. B, South Brooklyn Branch, Douglas V. Ackerman, Brooklyn, N. Y., of counsel, Mark K. Spires, Queens Legal Services Corp., Long Island City, N. Y., Karen J. Berger, Long Island, N. Y., of counsel, for plaintiff.

Breed, Abbott & Morgan, New York City, for defendants; C. MacNeil Mitchell, Eric M. Nelson, New York City, of counsel.

BARTELS, District Judge.

This is a motion by defendant John Mullins & Sons, Inc. ("Mullins") to dismiss plaintiff's pendent state law claim or, in the alternative, to decertify the class action with respect thereto. Plaintiff filed this class suit on February 2, 1974, charging Mullins with violations of the Truth-in-Lending Act, 15 U.S.C. §§ 1601 et seq., and the New York Retail Installment Sales Act, N.Y.Pers.Prop.L. §§ 401 et seq...

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