Pescatori v. Nassau Dance Studio Inc.

I. Stanley Rosenthal, J:

Plaintiff brings this action to recover moneys paid pursuant to a contract entered into with the defendant for private and semi-private dance lessons at an agreed price of $4,995. After some instruction plaintiff became dissatisfied with the instruction and requested the return of the money paid for unused lessons.

Plaintiff relies on subdivision 2 of section 394-b of the General Business Law which provides that such contracts, are not valid and enforceable where the payments exceed $500 and the payments are not made in installments so computed that the total amounts so…