EIKENBERRY v. ADIRONDACK CO.


65 N.Y.2d 125 (1985)

Peter G. Eikenberry, Respondent, v. Adirondack Spring Water Co., Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided May 30, 1985.


Attorney(s) appearing for the Case

Joel Bernstein for appellants.

Peter G. Eikenberry, pro se, Martin E. Connor and Paul R. Levenson for Peter G. Eikenberry, respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and ALEXANDER concur; Judge TITONE taking no part.


KAYE, J.

Where an extension agreement for the repayment of a debt is void, because of a usurious rate of interest, the invalidity of that agreement does not extinguish defendants' liability to plaintiff for the debt under the parties' original contract.

Plaintiff rendered legal services to defendants pursuant to a November 12, 1974 retainer agreement, with agreed hourly fees to be paid partly at the rate...

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