BAND REALTY v. N. BREWSTER


37 N.Y.2d 460 (1975)

Band Realty Company, Respondent, v. North Brewster, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 8, 1975.


Attorney(s) appearing for the Case

Jacob Oliner and Robert R. Hanley for appellant.

Herbert Friedman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

We hold that the courts should not substitute the so-called "present value" method of computing interest, although arithmetically more precise, for the traditional method of computation in determining whether interest is usurious.

Respondent corporation made a mortgage loan to appellant corporation in the amount of $300,000. Pursuant to the terms of the loan agreement, the lender retained a...

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