LINCOLN FIRST BANK v. RUPERT


60 A.D.2d 193 (1977)

Lincoln First Bank of Rochester, Respondent, v. Edward L. Rupert, Appellant

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

December 16, 1977


Attorney(s) appearing for the Case

Peter D. Braun for appellant.

Nixon, Hargrave, Devans & Doyle (Dennis M. Hyatt of counsel), for respondent.

MOULE, J. P., CARDAMONE and SIMONS, JJ., concur.


HANCOCK, JR., J.

We hold that counterclaims asserted by the debtor, based on alleged violations of the Federal Truth in Lending Act (US Code, tit 15, § 1601 et seq.) and the New York Motor Vehicle Retail Instalment Sales Act (Personal Property Law, § 301 et seq.) were not barred by the applicable Statutes of Limitations even though they would have been time-barred if asserted as separate...

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