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ADVANTA BUS. SERVS. v. COLON

4 Misc.3d 117 (2004)

782 N.Y.S.2d 502

ADVANTA BUSINESS SERVICES CORP., as Assignee of ADVANTA LEASING SERVICES, Appellant, v. INES M. COLON, Individually and Doing Business as UNISEX BEAUTY SALON, Respondent.

Supreme Court, Appellate Term, Second Department.

July 14, 2004.

Attorney(s) appearing for the Case

Platzer, Swergold, Karlin, Levine, Goldberg & Jaslow, LLP, New York City (Steven D. Karlin of counsel), for appellant.

Jesus Pena & Associates, Jackson Heights (Charles Zolot of counsel), for respondent.

PESCE, P.J., and RIOS, J., concur; GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

Memorandum.

On the court's own motion, the decision and order of this court entered January 29, 2004 in the above-entitled action is recalled and vacated and the following decision and the order hereon is substituted therefor.

Order affirmed without costs.

Defendants' evidence raised sufficient doubt as to the conscionability of the process by which the finance lease agreement was negotiated to merit a trial, inter alia...

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