Shute v. Stattman

254 A.D. 783, 4 N.Y.S.2d 746, 1938 N.Y. App. Div. LEXIS 7592
Appellate Division of the Supreme Court of the State of New York·Decided May 27, 1938·Published·Cited by 3 cases

Opinion

[784]*784no basis for an affirmative judgment in defendant’s favor, because they failed to plead a counterclaim for the recovery of these usurious payments and, in any event, an action therefor is required to be commenced within one year after the payment. (General Business Law, § 381.) Conclusion of law No. 8 is reversed. Appeal from findings of fact, conclusions of law and decision dismissed. No appeal lies therefrom. Present — Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ.

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Shute v. Stattman, 254 A.D. 783, 4 N.Y.S.2d 746, 1938 N.Y. App. Div. LEXIS 7592 (N.Y. Ct. App. 1938).

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