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ROSLEY v. ALLYN

SC 919-11

33 Misc.3d 756 (2011)

929 N.Y.S.2d 409

2011 NY Slip Op 21325

MARION J. ROSLEY, Plaintiff, v. GLENN B. ALLYN, Defendant.

City Court of New Rochelle.

Decided August 11, 2011.

Attorney(s) appearing for the Case

Marion J. Rosley , plaintiff pro se.

Glenn B. Allyn , defendant pro se.

OPINION OF THE COURT

SUSAN I. KETTNER, J.

In this small claims "breach of contract" action, plaintiff seeks to recoup $600 representing the balance owed for a transcription job she performed for defendant. Defendant seeks dismissal and counterclaims for the amount of $50 representing the deposit he paid for the work, based upon "breach of the warranty of marketability and particular fitness and use" and "erroneous...

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