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LINDSLEY v. FIN COLLECTION

97 Misc.2d 263 (1978)

Robert A. Lindsley, Plaintiff, v. Financial Collection Agencies, Inc., et al., Defendants.

Supreme Court, Cattaraugus County.

December 5, 1978

Attorney(s) appearing for the Case

Silverberg, Silverberg, Yood & Sellers for Financial Collection Agencies, Inc., and another, defendants. Richard S. Manz and Gerald P. Gorman for Twenty-Nine Thirty-Nine Niagara Street Credit Union, defendant. Cash & Lippert, P. C. (J. Richardson Lippert of counsel), for plaintiff.

JOSEPH P. KUSZYNSKI, J.

A trial before a jury was held in Cattaraugus County on September 27 and 28, 1978. At the end of plaintiff's case for conversion and trespass, it became clear that no question of fact was in issue — but one of law, specifically whether plaintiff as purchaser of an automobile from a dealer is entitled the protections afforded to consumers under subdivision (1) of section 9-307...

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