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SZERDAHELYI v. HARRIS

67 N.Y.2d 42 (1986)

Nelly Szerdahelyi, Appellant, v. Barbara L. Harris, as Executrix of Martin Harris, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 13, 1986.

Attorney(s) appearing for the Case

Murray Beckerman and Anita Fajans for appellant.

Jeanne Gail Harris for respondents.

Chief Judge WACHTLER and Judges MEYER, KAYE, TITONE and HANCOCK, JR., concur; Judge ALEXANDER taking no part.

SIMONS, J.

The issue is whether a lender, by tendering a return of excess interest paid by a borrower on a usurious loan, may establish a right to recover the loan principal plus legal interest. Section 5-511 of the General Obligations Law provides otherwise but defendants claim that the 1965 amendment to section 5-519 of the General Obligations Law, not previously interpreted by this court, permits them to relieve...

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