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FRIAR v. VANGUARD HOLDING

78 A.D.2d 83 (1980)

Wilbur Friar, on Behalf of Himself and All Other Persons Similarly Situated, Respondent, v. Vanguard Holding Corp., Appellant

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

December 15, 1980

Attorney(s) appearing for the Case

Sheppard Daniels and Suozzi, English, Cianciulli & Peirez, P. C. (J. Irwin Shapiro and Robert M. Calica of counsel), for appellant.

Russ, Weyl & Levitt (Jeffrey Levitt of counsel), for respondent.

HOPKINS, J.P., and O'CONNOR, J., concur with LAZER, J.; MARGETT, J., concurs in part and dissents in part, in an opinion.

LAZER, J.

This action is the legacy of events which occurred at a real estate title closing at which the seller unwillingly complied with the mortgage lender's demand that he pay a recently imposed mortgage recording tax. He now seeks recovery of the $61 paid over, punitive damages and certification of the suit as a class action on behalf of all sellers who were compelled or induced to pay the new mortgage tax...

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