Rosenberg v. Edelstein

Appellate Division of the Supreme Court of New York

Rosenberg v. Edelstein

15 A.D.2d 882, 225 N.Y.S.2d 262, 1962 N.Y. App. Div. LEXIS 11083

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 1962

StatusPublished

Cited by1 cases

This text of 15 A.D.2d 882 (Rosenberg v. Edelstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rosenberg v. Edelstein, 15 A.D.2d 882, 225 N.Y.S.2d 262, 1962 N.Y. App. Div. LEXIS 11083 (N.Y. Ct. App. 1962).

Pincite

Opinion

[883]*883Upon the trial there was presented for determination the issue of usury, and we find the interest paid by the plaintiff to have been usurious. Section 372 of the General Business Law affording relief to a person who pays more than the legal rate of interest limits recovery to payments made within one year preceding the institution of the action. This action was commenced on September 27, 1960, and the relief is thus limited to payments made within one year prior thereto, and to future interest payments. Concur — Babin, J. P., Valente, McNally and Steuer, JJ.; Stevens, J., dissents in part and votes to affirm. Settle order on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

[883]*883Upon the trial there was presented for determination the issue of usury, and we find the interest paid by the plaintiff to have been usurious. Section 372 of the General Business Law affording relief to a person who pays more than the legal rate of interest limits recovery to payments made within one year preceding the institution of the action. This action was commenced on September 27, 1960, and the relief is thus limited to payments made within one year prior thereto, and to future interest payments. Concur — Babin, J. P., Valente, McNally and Steuer, JJ.; Stevens, J., dissents in part and votes to affirm. Settle order on notice.

Cite This Page — Counsel Stack

Bluebook (online)

15 A.D.2d 882, 225 N.Y.S.2d 262, 1962 N.Y. App. Div. LEXIS 11083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-edelstein-nyappdiv-1962.

Opinion

Related

Cite This Page — Counsel Stack