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ELIAS v. SCHWARTZ

22 Misc.2d 129 (1960)

Rudolph Elias, as Administrator of The Estate of Alice Buchler, Deceased, Plaintiff, v. Seymour S. Schwartz et al., Copartners Doing Business under the Name of H. D. S. Trading Company, Defendants.

Supreme Court, Special Term, Nassau County.

April 11, 1960.

Attorney(s) appearing for the Case

Irving Fellerman for defendants.

Munley & Mcade for plaintiff.

MARIO PITTONI, J.

Motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action is granted.

By statute any person who makes a usurious payment, or his personal representative, may recover that payment "within one year after such payment or delivery." (General Business Law, § 372. See, also, General Business Law, § 381.)

The complaint alleges that a usurious payment was made by the plaintiff...

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