Lincoln First Bank v. Rupert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
We hold that counterclaims asserted by the debtor, based on alleged violations of the Federal Truth in Lending Act (US Code, tit 15, § 1601 et seq.) and the New York Motor Vehicle Retail Instalment Sales Act (Personal Property Law, § 301 et seq.) were not barred by the applicable Statutes of Limitations even though they would have been time-barred if asserted as separate actions.
Defendant purchased a used 1971 Plymouth Duster from Webster Chrysler Plymouth in March, 1974. He financed it by means of a retail instalment contract with Webster Chrysler…
2Cases cited12 opinions
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Midstate Horticultural Co. v. Pennsylvania RailroadSupreme Court of the United States · 1943
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- In re the Arbitration between SCM Corp. & Fisher Park Lane Co.New York Court of Appeals · 1976
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3Cited by27 opinions
- Cheswold Volunteer Fire Co. v. Lambertson Construction Co.Supreme Court of Delaware · 1985
- 118 East 60th Owners, Inc. v. Bonner Properties, Inc.Court of Appeals for the Second Circuit · 1982
- New York Life Insurance v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1981
- Schabe v. Hampton Bays Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1984
- Pacific Concrete Federal Credit Union v. KauanoeHawaii Supreme Court · 1980
22 more not listed; retrieve them via the Exa API.