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RUBIN v. CITY NATL. BANK

131 A.D.2d 150 (1987)

Ethel Rubin et al., as Executrices of Louis Rubin, Deceased, v. City National Bank and Trust Company of Gloversville, Appellant

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

October 22, 1987

Attorney(s) appearing for the Case

Maider & Smith (Lydon F. Maider of counsel), for appellant.

McNamee, Lochner, Titus & Williams, P. C. (David J. Wukitsch of counsel), for respondents.

John Leferovich, Jr., for New York State Bankers Association, Inc., amicus curiae.

MAHONEY, P. J., KANE, CASEY and LEVINE, JJ., concur.

WEISS, J.

Plaintiffs, the widow and two executrices of the estate of Louis Rubin, commenced this action to recover $77,616.91 alleged to have been interest paid to defendant by Rubin and his wife in excess of the lawful, maximum rate. On June 28, 1980, the Rubins executed a $300,000 demand promissory note. Through July 3, 1985, defendant collected $179,108.83 as interest computed at varying rates. Since the...

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