SMITH-COULTER CO., INC. v. SENTRY INS.


52 N.Y.2d 852 (1981)

Smith-Coulter Co., Inc., Respondent, v. Sentry Insurance, Appellant.

Court of Appeals of the State of New York.

Decided January 8, 1981.


Attorney(s) appearing for the Case

Alan J. Goldberg for appellant.

Susan Freeman Schapiro for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, and summary judgment entered for the defendant, with costs, dismissing the complaint.

Plaintiff purchased a tractor on December 29, 1976 and entered into an installment sale agreement which contained two features relevant to this appeal. First, the agreement provided that White Motor Credit Corp., to whom it was assigned, would waive all finance charges...

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