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EVERGREEN BANK, N.A. v. ZERTECK, INC.

28 A.D.3d 925 (2006)

813 N.Y.S.2d 796

EVERGREEN BANK, N.A., Plaintiff, v. ZERTECK, INC., Doing Business as BOAT-N-RV WAREHOUSE, Defendant and Third-Party Plaintiff-Appellant. ERIC J. JACOBS, Third-Party Defendant-Respondent.

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

April 13, 2006.

Lahtinen, J.

Following a short nonjury trial limited to the two counterclaims interposed in the third-party action, Supreme Court found for third-party defendant, Eric J. Jacobs, on his claim that defendant had violated General Business Law § 218-a when it sold a boat to Jacobs in April 2001. The court determined that defendant failed to post its refund policy (see General Business Law § 218-a [1]), Jacobs made a timely request for a refund (see...

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