COBURN CREDIT CO. v. FORLIVIO


32 Misc.2d 91 (1961)

Coburn Credit Co., Inc., Plaintiff, v. Joseph Forlivio et al., Defendants.

Supreme Court, Special Term, Nassau County.

October 13, 1961


Attorney(s) appearing for the Case

Samuel Kroland for plaintiff. Scancarelli & Hofmann for defendants.


MARIO PITTONI, J.

Motion by plaintiff for summary judgment is denied.

This is an action by an assignee of a retail installment obligation to recover the alleged balance due under the obligation, plus late charges and a 15% attorney's fee. A triable issue of fact exists on whether or not the assignee had notice of defendants' defenses within 10 days after the mailing of the notice of assignments, as required by section 403 (subd. 3, par. [a]) of...

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