KINKOPF v. TRIBOROUGH BRIDGE


6 Misc.3d 73 (2004)

792 N.Y.S.2d 291

FRANK KINKOPF, Respondent, v. TRIBOROUGH BRIDGE & TUNNEL AUTHORITY, Appellant.

Supreme Court, Appellate Term, Second Department.

December 22, 2004.


Attorney(s) appearing for the Case

Steve S. Efron, New York City, for appellant.

PESCE, P.J., PATTERSON and RIOS, JJ., concur.


OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs and action dismissed.

Plaintiff instituted this small claims action to recover alleged overcharges to his E-ZPass account. The court, after finding that plaintiff failed to establish a prima facie case, nevertheless, held that the E-ZPass agreement was a consumer transaction which, as written, was deceptive and in violation...

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