Legal Opinion
Advanta Business Services Corp. v. Colon
Appellate Terms of the Supreme Court of New York
Decided July 14, 2004PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
On the court’s own motion, the decision and order of this court entered January 29, 2004 in the above-entitled action is recalled and vacated and the following decision and the order hereon is substituted therefor.
Order affirmed without costs.
Defendants’ evidence raised sufficient doubt as to the conscionability of the process by which the finance lease agreement was negotiated to merit a trial, inter alia, of the nature of the representative’s negotiating practices with defendant, who is not a native speaker of English. While we recognize the general rule that…
2Cases cited15 opinions
- State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
- Universal Leasing Services, Inc. v. Flushing Hae Kwan RestaurantAppellate Division of the Supreme Court of the State of New York · 1991
- Shklovskiy v. KhanAppellate Division of the Supreme Court of the State of New York · 2000
- Sofio v. HughesAppellate Division of the Supreme Court of the State of New York · 1990
- British West Indies Guaranty Trust Co. v. Banque Internationale A LuxembourgAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by3 opinions
- Chen v. New Trend Apparel, Inc.District Court, S.D. New York · 2014
- Direct Capital Corp. v. New ABI Inc.New York Supreme Court · 2006
- K&S of New York Corp. v. Sushi of Nao International, Inc.Appellate Terms of the Supreme Court of New York · 2005