Legal Opinion
Zachary v. R. H. Macy & Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 1972PublishedCited by 5 opinions
1Opinion of the CourtEager, J.
These actions were brought as representative or class actions challenging, as contrary to statute, the method used by defendants (retail sellers) in computing finance charges owing by purchasers of goods under retail installment credit agreements.
We agree with Special Term that the actions are not maintainable as class or representative actions to the extent that they seek an accounting and recovery, pursuant to section 414 of the Personal Property Law of the amount equal to the finance charges alleged to have been illegally charged against all members of an alleged class of persons who have…
2Cases cited10 opinions
- Meltzer v. KoenigsbergNew York Court of Appeals · 1951
- Kovarsky v. Brooklyn Union Gas Co.New York Court of Appeals · 1938
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- Purdy v. McGarityAppellate Division of the Supreme Court of the State of New York · 1941
- Tonis v. Board of Regents of the UniversityNew York Court of Appeals · 1946
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3Cited by5 opinions
- Brame v. Ray Bills Finance Corp.District Court, N.D. New York · 1979
- Federated Dept. Stores, Inc. v. PascoDistrict Court of Appeal of Florida · 1973
- Jeter v. Ellenville Central School DistrictNew York Supreme Court · 1975
- In re ButcherNew York City Family Court · 1975
- In re Adult Anonymous IIAppellate Division of the Supreme Court of the State of New York · 1982