MILLICAN v. SAV & LOAN ASSN.


90 Misc.2d 176 (1977)

George R. Millican, Plaintiff, v. New York and Suburban Federal Savings and Loan Association, Defendant and Third-Party Plaintiff. Lawrence J. Smith, Third-Party Defendant.

Supreme Court, Trial Term, New York County.

March 10, 1977


Attorney(s) appearing for the Case

Madden, Plunkett, Wetzel, Scott & Jaffe (William A. Wetzel of counsel), for plaintiff. Samuel L. Scollar for defendant.


HARRY T. NUSBAUM, J.

This action was instituted by the plaintiff under the provisions of sections 5-501, 5-511 and 5-521 of the General Obligations Law to recover from the defendant, Savings and Loan Association, twice the amount of the interest allegedly paid by him on a mortgage loan.

Briefly stated, the sections in question set forth (1) the legal rate of interest that may be charged on loans and...

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