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JENNINGS v. DOMESTIC FIN. CORP.

55 A.D.2d 832 (1976)

Maxine Jennings et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Domestic Finance Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 17, 1976

Order unanimously modified in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

Special Term erred in dismissing the summons and complaint on the ground that plaintiffs should have commenced a special proceeding pursuant to section 47-e of the Personal Property Law. The relief afforded by that section is the vacation of a wage assignment, and plaintiffs have specifically denied that...

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