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ZACHARY v. R. H. MACY & CO.

66 Misc.2d 974 (1971)

Doris E. Zachary et al., on Behalf of Themselves and All Other Persons Similarly Situated, Who Have Entered into Retail Installment Credit Agreements with R. H. Macy & Co., Inc., Plaintiffs, v. R. H. Macy & Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

June 16, 1971

Attorney(s) appearing for the Case

Sheldon V. Burman for plaintiffs. Weil, Gotshal & Manges for defendant. Proskauer Rose Goetz & Mendelsohn, Parker, Chapin & Flattau and Solinger & Gordon for Federated Department Stores, Inc., Spartans Industries, Inc. and Gimbel Brothers, Inc., defendants in related cases.

SIDNEY H. ASCH, J.

Defendant R. H. Macy & Co. Inc. moves to dismiss the complaint of plaintiff Zachary for failure to state an individual cause of action and for failure of both plaintiffs to state a representative cause of action. It seeks an order striking the portions of the complaint alleging that the action is brought on behalf of plaintiffs and all other persons similarly situated who have entered...

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