Doris E. Zachary et al., Appellants,
v.
R. H. Macy & Co., Inc., Respondent. (Action No. 1.)
Doris E. Zachary et al., Appellants,
v.
Federated Department Stores, Inc., Respondent. (Action No. 2.)
Margaret J. Burman et al., Appellants,
v.
Federated Department Stores, Inc., Respondent. (Action No. 3.)
Doris E. Zachary et al., Appellants,
v.
Spartans Industries, Inc., Respondent. (Action No. 4.)
Lloyd Zachary et al., Appellants,
v.
Gimbel Brothers, Inc., Respondent. (Action No. 5.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 23, 1972.
May 23, 1972.
Attorney(s) appearing for the Case
Sheldon V. Burman for appellants.
Carl D. Lobdell of counsel (Herbert M. Hellman with him on the brief; Weil, Gotshal & Manges, attorneys), for R. H. Macy & Co., Inc., respondent.
Jacob Imberman of counsel (Michael A. Cardozo and Jeffrey C. Cohen with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for Federated Department Stores, Inc., respondent.
Alvin M. Stein of counsel (Jordan M. Newman with him on the brief; Parker, Chapin & Flattau, attorneys), for Spartans Industries, Inc., respondent.
Eugene H. Gordon of counsel (John C. Grosz with him on the brief; Solinger & Gordon, attorneys), for Gimbel Brothers, Inc., respondent.
John Carter Rice of counsel (De Graff, Foy, Conway & Holt-Harris, attorneys), for the New York State Council of Retail Merchants, amicus curiae.
Samuel A. Hirshowitz of counsel (Philip Weinberg and Paul S. Shemin with him on the brief; Louis J. Lefkowitz, Attorney-General), for State of New York, amicus curiae.
MURPHY and McNALLY, JJ., concur with EAGER J.; STEVENS, P. J., and NUNEZ, J., dissent and affirm on opinion of ASCH, J., at Special Term.
Appellate Division of the Supreme Court of the State of New York, First Department.
EAGER, J.
These actions were brought as representative or class actions challenging, as contrary to statute, the method used by defendants (retail sellers) in computing finance charges owing by purchasers of goods under retail installment credit agreements.
We agree with Special Term that the actions are not maintainable as class or representative actions to the extent that they seek an accounting and...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
