YAKUTSK v. ALFINO


43 A.D.2d 552 (1973)

Alex Yakutsk, Respondent, v. Frank Alfino, Defendant, and Andrew Alpern, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 29, 1973


Appellant shall recover of respondent $60 costs and disbursements of these appeals. Plaintiff sues upon a promissory note which on its face calls for interest at the rate of 18% per annum and is concededly usurious. Plaintiff, however, claims that as he is giving credit for all payments of interest in excess of the legal rate he is not barred from enforcing the obligation by virtue of section 5-519 of the General Obligations Law. Credit for such payments or even their return...

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