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NEGRIN v. NORWEST MTGE.

263 A.D.2d 39 (1999)

700 N.Y.S.2d 184

ELISE M. NEGRIN, Appellant, v. NORWEST MORTGAGE, INC., Respondent.

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

November 15, 1999.

Attorney(s) appearing for the Case

Fruchter & Twersky, New York City (Mitchell M. Z. Twersky of counsel), and Jeffrey S. Abraham for appellant. (One brief filed.)

Reed Smith Shaw & McClay, L. L. P., New York City (Anthony J. Laura of counsel), for respondent.

JOY and FEUERSTEIN, JJ., concur with S. MILLER, J. P.; H. MILLER, J., dissents in a separate opinion.

OPINION OF THE COURT

S. MILLER, J. P.

The issues raised on this appeal involve mortgage industry practices which the plaintiff alleges are illegal. Specifically, the plaintiff argues that the defendant's imposition of certain charges in connection with the payoff of her mortgage violates Real Property Law § 274-a and General Business Law § 349. For the reasons that follow, we agree that the plaintiff has stated cognizable causes of action, and...

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