FORD CREDIT CO. v. SOFIA


147 Misc.2d 651 (1990)

Ford Motor Credit Company, Plaintiff, v. Angela Sofia et al., Defendants.

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

July 3, 1990


Attorney(s) appearing for the Case

Rood, Schwartz, Cohen & Ruderman (Melvin C. Cohen and Byron L. Friedman of counsel), for plaintiff. Fisher & Fisher (Michael J. Vollbrecht of counsel), for defendants.


DAVID FRIEDMAN, J.

When a car dealer sells a vehicle to a consumer via a retail installment contract and then assigns the contract to a finance company such company in collecting payments due on the contract is subject to any defenses the consumer has against the dealer. The issue presented by the matter now before the court is whether the rule is the same when the car dealer leases rather than sells the vehicle...

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