Ford Motor Credit Co. v. Sofia
Civil Court of the City of New York
1Opinion of the Court
*652OPINION OF THE COURT
David Friedman, J.
When a car dealer sells a vehicle to a consumer via a retail installment contract and then assigns the contract to a finance company such company in collecting payments due on the contract is subject to any defenses the consumer has against the dealer. The issue presented by the matter now before the court is whether the rule is the same when the car dealer leases rather than sells the vehicle. In my view there is no reason to differentiate between the two situations and therefore the protection afforded a purchaser of a car should be extended to an…
2Cases cited7 opinions
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
- Coley v. Michelin Tire Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Assocs. Capital Servs. Corp. v. Fairway Private Cars, Inc.District Court, E.D. New York · 1982
- James Talcott, Inc. v. Winco Sales Corp.New York Court of Appeals · 1964
- General Electric Credit Corp. v. Xerox Corp.Appellate Division of the Supreme Court of the State of New York · 1985
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3Cited by3 opinions
- Ford Motor Credit Co. v. SofiaAppellate Terms of the Supreme Court of New York · 1992
- Smith v. BrownSupreme Court of Iowa · 1994
- Smith v. BrownSupreme Court of Iowa · 1994