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RAYHN v. MARTIN NEMER

77 A.D.2d 394 (1980)

Aejal Rayhn et al., Appellants, v. Martin Nemer Volkswagen Corp., Respondent, et al., Defendants

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

December 11, 1980

Attorney(s) appearing for the Case

Robert S. Bernard (John F. Maxwell and Richard A. Liese of counsel), for appellants.

Carter, Conboy, Bardwell, Case & Blackmore (Jeffrey J. Tymann and Dennis A. First of counsel), for respondent.

MAHONEY, P. J., GREENBLOTT, SWEENEY and KANE, JJ., concur.

HERLIHY, J.

On or about January 18, 1979, the defendant Martin Nemer Volkswagen Corp. (hereinafter referred to as Nemer) entered into a contract with the plaintiffs whereby Nemer sold a certain automobile to Nancy Rayhn and entered into a retail installment sales contract with both plaintiffs. The installment contract was assigned to the defendant Manufacturers Hanover Trust Company/Capital Region (hereinafter referred to as Bank).

The plaintiffs...

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