JEFFERSON CREDIT CORP. v. BURT


61 Misc.2d 563 (1969)

Jefferson Credit Corporation, Appellant, v. William Burt et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 21, 1969


Attorney(s) appearing for the Case

Rood, Schwartz & Cohen (Jerold R. Ruderman of counsel), for appellant.

Concur — QUINN, J. P., GOLD and MARKOWITZ, JJ.


Per Curiam.

Appellant relies upon the failure to give written notice of a defense to the retail installment sales contract to give effect to the contract provision not to assert any defense against the assignee of the contract pursuant to subdivision 9 of section 302 of the Personal Property Law. Oral notice of the failure to deliver was given before the expiration of the statutory 10-day period and appellant investigated the defense without objecting to the...

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