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McKIMMIE v. AVCO FINANCIAL SERVICES, ETC.

Civ-79-101.

504 F.Supp. 1286 (1981)

Jean McKIMMIE, Plaintiff, v. AVCO FINANCIAL SERVICES COMPANY OF NEW YORK, INC., Defendant.

United States District Court, W. D. New York.

January 14, 1981.

Attorney(s) appearing for the Case

Neighborhood Legal Services, Inc., Peter D. Braun, Buffalo, N. Y., of counsel, for plaintiff.

Silverberg, Yood, Sellers & Ramm, Sanford Silverberg and Julius M. Ramm, Buffalo, N. Y., of counsel, for defendant.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

This is an action brought pursuant to the Truth in Lending Act ("the Act"), 15 U.S.C. § 1601 et seq. and sections 352(d)(1), 352(e) and 353 of New York's Banking Law ("the Banking Law"). Plaintiff has moved for summary judgment.

In October 1977 AVCO Financial Services Company of New York, Inc. ("AVCO") made a consumer loan to plaintiff in the amount of $1,253.07. This loan was refinanced in...

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