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CENT. BUDGET CORP. v. GARRETT

78 Misc.2d 485 (1974)

Central Budget Corp., Respondent, v. Walter H. Garrett et al., Appellants.

Supreme Court, Appellate Term, Second Department.

March 5, 1974

Attorney(s) appearing for the Case

Mark H. Spires (Robert L. Becker of counsel), for appellants. John C. Wiener for respondent.

Concur — GROAT, P. J., SCHWARTZWALD and MARGETT, JJ.

MEMORANDUM.

Judgment unanimously reversed, without costs, and complaint dismissed.

Defendants appeal from judgment in the amount of $2,168.12, with interest and costs from April 11, 1968, totaling $3,038.62. On February 1, 1968, defendants purchased a 1963 Buick for the cash selling price of $1,627.50. (This figure does not include the credit service charge as well as other charges). On the following day, the retail installment contract was assigned to

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