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FREITAS v. GEDDES SAV. & LOAN

63 N.Y.2d 254 (1984)

Daniel E. Freitas et al., Appellants, v. Geddes Savings and Loan Association, Respondent.

Court of Appeals of the State of New York.

Decided October 25, 1984.

Attorney(s) appearing for the Case

Michael W. Harris for appellants.

Daniel F. Mathews, Jr., for respondent.

Chief Judge COOKE and Judge MEYER concur with Judge JASEN; Judge KAYE concurs in result only; Judge SIMONS dissents and votes to reverse in a separate opinion in which Judge JONES concurs; Judge WACHTLER taking no part.

JASEN, J.

On this appeal, we are asked to decide whether a bank lender is civilly liable for usury, in the absence of usurious intent, solely on the basis of the failure to properly itemize an otherwise authorized bank charge.

On May 9, 1978, plaintiffs Daniel and Beverly Freitas submitted a formal mortgage application to defendant, Geddes Savings and Loan Association of Syracuse, New York, in order to...

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