Rivers v. Ben Construction Corp.

Order unanimously modified to dismiss counterclaim and grant plaintiff’s motion for summary judgment for the return of her $1,000 payment and interest from the date of payment, and otherwise affirmed, with costs to plaintiff-appellant, without prejudice to her proceeding with respect to her claim for $10,000 additional damages as alleged in her complaint. Memorandum: Defendant admits in its answer that the contracts were retail installment obligations. None of the several documents signed by the parties, however, complies with section 402 of the Personal Property Law. We disagree with the…