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SCHORR v. BANK OF NY

107 Misc.2d 132 (1980)

Anthony Schorr, Doing Business as Schorr Automotive, Plaintiff, v. Bank of New York (County Trust Region), Defendant.

City Court of White Plains.

November 14, 1980

Attorney(s) appearing for the Case

Stephens & Buderwitz (James R. Caruso of counsel), for plaintiff. Richard C. Thompson and Harold J. Johnson for defendant.

JOHN F. HOLDEN, JR., J.

This action in which the plaintiff seeks to recover the sum of $761.25 from the defendant bank involves a question of law which goes to the heart of the credit card operation and appears to be one of first impression in this State.

Plaintiff moves for summary judgment and, appropriately so, since there are no triable issues of fact. The uncontroverted facts are as follows: The plaintiff who operates a transmission repair...

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