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COLON v. RENT-A-CENTER

276 A.D.2d 58 (2000)

716 N.Y.S.2d 7

TABITHA COLON, on Behalf of Herself and All Other Persons Similarly Situated, Respondent-Appellant, v. RENT-A-CENTER, INC., et al., Appellants-Respondents.

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

November 9, 2000.

Attorney(s) appearing for the Case

Leah Guggenheimer of counsel (Guy J. Velella, Seth R. Lesser and Marc Edelson on the brief; Bernstein Litowitz Berger & Grossmann, L. L. P., Velella, Velella, Basso & Calandra and Hoffman & Edelson, attorneys), for respondent-appellant.

Jay Cohen of counsel (Donald W. Hawthorne, Jeffrey L. Nagel and Julia L. Tarver on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellants-respondents.

ROSENBERGER, J.P., NARDELLI, MAZZARELLI and LERNER, JJ., concur.

OPINION OF THE COURT

WALLACH, J.

This case calls upon us to scrutinize the Rent to Own Program Law (RTOPL), whereby the New York Legislature sought to regulate the conduct of retail businesses engaged in the leasing of furniture, appliances and consumer goods. In this sense, it is a matter of first impression at this appellate level.

This is a purported class action in which plaintiff is the lessee of various household goods from defendants, under...

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