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  5. 26 N.Y.2d 396 (1970)
 

HALL v. COBURN CORP. OF AMER.

26 N.Y.2d 396 (1970)

Edna A. Hall, on Behalf of Herself and All Others Similarly Situated, Appellant, v. Coburn Corporation of America, Respondent. William Russell, III et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Coburn Corporation of America, Respondent.

Court of Appeals of the State of New York.

Decided May 13, 1970.

Attorney(s) appearing for the Case

Jay H. Topkis, Jack Greenberg and Philip G. Schrag for appellants.

Seymour Shainswit for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, George D. Zuckerman and Lloyd G. Milliken of counsel), for State of New York, amicus curiae.

Harold Baer, Jr. and H. Richard Uviller for Association of the Bar of the City of New York, amicus curiae.

John Dewitt Gregory, Alfred Lawrence Toombs, John C. Gray, Jr. and Kathleen Schwab for Community Action for Legal Services, Inc., amicus curiae.

Marvin M. Karpatkin and John E. LeMoult for Consumers Union of United States, Inc., amicus curiae.

Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL, JASEN and GIBSON concur.

BERGAN, J.

These are two class actions brought by purchasers under retail sales contracts for recovery of the penalty prescribed by section 414 of the Personal Property Law for a willful violation of the Retail Installment Sales Act (Personal Property Law, art. 10). The violation claimed is that the type on certain printed parts of the installment contracts was less than 8 point in size (§ 402).

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