Legal Opinion

McKimmie v. AVCO FINANCIAL SERVICES, ETC.

District Court, W.D. New York

Decided January 14, 1981No. Civ-79-101PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ELFVIN, District Judge.

This is an action brought pursuant to the Truth in Lending Act (“the Act”), 15 U.S.C. § 1601 et seq. and sections 352(d)(1), 352(e) and 353 of New York’s Banking Law (“the Banking Law”). Plaintiff has moved for summary judgment.

In October 1977 AVCO Financial Services Company of New York, Inc. (“AVCO”) made a consumer loan to plaintiff in the amount of $1,253.07. This loan was refinanced in July 1978 at which time the net balance owing was $1,160.53. AVCO disbursed an additional $68.57 to plaintiff, bringing the total amount of the refinancing to…

2Cases cited13 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. John C. Pollock and Barbara Pollock v. General Finance CorporationCourt of Appeals for the Fifth Circuit · 1976
  4. Steve Tinsman and Nancy Tinsman v. Moline Beneficial Finance CompanyCourt of Appeals for the Seventh Circuit · 1976
  5. Ball v. Connecticut Bank and Trust CompanyDistrict Court, D. Connecticut · 1975

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3Cited by3 opinions

  1. Kleiner v. First National Bank of AtlantaDistrict Court, N.D. Georgia · 1983
  2. Kohler v. Ford Motor Credit Co.New York Supreme Court · 1982
  3. Cabrera v. Courtesy Auto, Inc.District Court, D. Nebraska · 2002

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