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DARTMOUTH PLAN v. LANDKAMMER

82 Misc.2d 71 (1975)

Dartmouth Plan, Inc., Respondent, v. Olive Landkammer, Also Known as Olive Land Kammer, et al., Appellants.

Supreme Court, Appellate Term, Second Department.

May 6, 1975

Attorney(s) appearing for the Case

Cruser & Hills (Michael N. Hills of counsel), for Olive Landkammer, appellant.

Concur: HOGAN, P. J., PITTONI and FARLEY, JJ.

MEMORANDUM.

Judgment and order unanimously reversed without costs and the matter remitted to the court below for an assessment of damages.

Defendants entered into a retail installment obligation for the purchase of a swimming pool in which $4,000 of the total price of $4,100 was to be financed. By the terms of the obligation, which contained an acceleration clause upon default, defendants were to make 84 monthly installments...

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