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LICITRA v. GATEWAY, INC.

189 Misc.2d 721 (2001)

734 N.Y.S.2d 389

EMANUEL LICITRA, Claimant, v. GATEWAY, INC., Defendant.

Civil Court, Richmond County.

October 18, 2001.

Attorney(s) appearing for the Case

Harold Campbell, Hempstead, for defendant.

Emanuel Licitra, claimant pro se.

OPINION OF THE COURT?

PHILIP S. STRANIERE, J.

Claimant, Emanuel Licitra, commenced this small claims action against the defendant, Gateway, Inc. (Gateway), alleging that the defendant failed to accept return of defective equipment and reimburse him the purchase price. Defendant filed a motion seeking (1) dismissal of the complaint on the grounds that the contract between the parties precluded a court action...

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