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HOUSEHOLD FIN. v. LUCANIA

104 Misc.2d 532 (1980)

Household Finance Corporation, Plaintiff, v. Joseph Lucania, Defendant.

Civil Court of the City of New York, Queens County.

May 28, 1980.

Attorney(s) appearing for the Case

Seymour R. Weinick for plaintiff. Leahy, Nyberg, Bovine, D'Apice & Pacchiana (Richard J. Leahy of counsel), for defendant.

JOSEPH ROSENZWEIG, J.

This is an action by Household Finance Corporation (HFC) to recover a balance of $415.12 allegedly owing on a loan of $1,112.11. Defendant moves for summary judgment dismissing the complaint and granting the counterclaim for payments made.

The question before the court is a novel one: Did HFC's failure to issue itemized receipts for late payments that were applied, in part, to...

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