JACOBS v. MARINE MIDLAND


124 Misc.2d 162 (1984)

Bruce Jacobs, Plaintiff, v. Marine Midland Bank, N. A., Defendant.

Supreme Court, Orange County.

May 7, 1984


Attorney(s) appearing for the Case

Mann & Mann, P. C., for defendant. Robert W. Fink for plaintiff.


ANTHONY J. FERRARO, J.

In an action for damages based on defendant's alleged violation of the Truth in Lending Act (US Code, tit 15, § 1601 et seq.), defendant moves to dismiss the complaint as failing to state a cause of action (CPLR 3211, subd [a], par 7). Since issue has been joined, the motion is deemed one for summary judgment. (See Smith v Russell Sage Coll., 54 N.Y.2d 185, 191.)

The...

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