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TURNER v. GENERAL MOTORS ACCEPTANCE CORP.

No. 97-9492.

180 F.3d 451 (1999)

David C. TURNER, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. GENERAL MOTORS ACCEPTANCE CORP., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 17, 1999.

Attorney(s) appearing for the Case

Roger W. Kirby, Kaufman, Malchman, Kirby & Squire, New York, New York (Ira M. Press, Kaufman, Malchman, Kirby & Squire, of counsel), for Plaintiff-Appellant.

Thomas D. Goldberg, Day, Berry & Howard, Stamford, Connecticut (Deborah S. Gordon, Day, Berry & Howard, of counsel), for Defendant-Appellee.

Before: WINTER, Chief Judge, and MESKILL and CALABRESI, Circuit Judges.

WINTER, Chief Judge:

David C. Turner appeals from Judge Mukasey's adverse grant of summary judgment. Turner's complaint alleged that General Motors Acceptance Corp. ("GMAC") violated the Consumer Leasing Act ("CLA"), 15 U.S.C. §§ 1667-1667f, the Uniform Commercial Code ("UCC"), and New York's General Obligations Law ("GOL") by profiting from funds held as security deposits under auto leases. We affirm.

BACKGROUND

On September 25, 1995,...

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