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DISTANCE LEARNING SYSTEMS INDIANA, INC. v. ROY

16 Misc.3d 34 (2007)

842 N.Y.S.2d 157

DISTANCE LEARNING SYSTEMS INDIANA, INC., Respondent, v. ELSIE ROY, Appellant.

Supreme Court, Appellate Term, Second Department.

May 7, 2007.

Attorney(s) appearing for the Case

Elsie Roy, appellant pro se.

Smith, Carroad, Levy & Finkel, Commack (Timothy Wan of counsel), for respondent.

RUDOLPH, P.J., McCABE and LIPPMAN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs, order dated March 17, 2006 granting plaintiff's motion for summary judgment vacated insofar as it awarded plaintiff the principal sum of $2,574.46 and matter remanded to the court below for an assessment of damages in accordance with the decision herein.

In this action for money owed pursuant to a contract to purchase study guides and...

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