KOHLER v. FORD MOTOR CREDIT


93 A.D.2d 205 (1983)

Gerald F. Kohler, Respondent, v. Ford Motor Credit Co., Inc., Appellant

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

April 21, 1983


Attorney(s) appearing for the Case

Lynn, Lynn & Miller, P. C. (Mark E. Watkins and Morton M. Z. Lynn of counsel), for appellant.

Salvatore J. Rico (David P. Marinucci of counsel), for respondent.

MAHONEY, P. J., SWEENEY and WEISS, JJ., concur with CASEY, J.; LEVINE, J., concurs in the result only.


CASEY, J.

At issue on this appeal is whether article 29-H of the General Business Law should be construed as implicitly creating a private cause of action in favor of individuals affected by a breach of its provisions, and, if so, whether plaintiff's complaint states such a cause of action. We hold that, assuming article 29-H creates a private right of action, plaintiff's complaint fails to state such a cause...

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