MTR. OF DANE


55 A.D.2d 224 (1976)

In the Matter of The Estate of Leland Dane, Deceased. James Rossi, Also Known as James Ross, Appellant; Dorothy F. Hood et al., as Administrators C. T. A. of The Estate of Leland Dane, Deceased, Respondents

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

December 30, 1976


Attorney(s) appearing for the Case

O'Connell & Aronowitz, P. C. (Fred B. Wander of counsel), for appellant.

Steiner & Steiner (Paul H. Wein of counsel), for respondents.

KOREMAN, P. J., MAIN, LARKIN and HERLIHY, JJ., concur.


MAHONEY, J.

On December 17, 1968, after repeated requests by decedent that appellant loan him $10,500, the latter drew a demand note in that amount and with decedent's consent fixed the interest rate at 7½% per annum, the then maximum annual interest permitted being 7¼% (3 NYCRR 4.1). Decedent executed the note and appellant gave him the full amount of the note in cash. After letters of coadministration...

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