ALLY FIN. INC. v. JONATHAN

446 CA 19-01996.

187 A.D.3d 1634 (2020)

133 N.Y.S.3d 361

2020 NY Slip Op 05630

Ally Financial Inc., Respondent, v. Larue F. Jonathan, Appellant. (Appeal No. 2.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 9, 2020.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the motion in part and vacating the award of damages, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action for a deficiency judgment to recover the balance allegedly due on a retail installment contract with respect to a motor vehicle that plaintiff repossessed and sold at an auction. In appeal No. 1, defendant appeals from...

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