BERNSTEIN v. KAPLAN


67 A.D.2d 897 (1979)

Martin Bernstein, Respondent, v. Joseph Kaplan, Appellant

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

February 5, 1979


Order affirmed, with $50 costs and disbursements.

The facts taken in the light most favorable to the plaintiff are as follows: The plaintiff, Dr. Martin Bernstein, lent his cousin, defendant Joseph Kaplan, a total of $15,500 in December, 1969 and January, 1970. The loan was made to assist Mr. Kaplan in setting up a new business, a luncheonette. No written loan agreement was made and it appears that the loan carried a 7% interest rate. In return for the loan, Mr. Kaplan...

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