STUTMAN v. CHEMICAL BANK


260 A.D.2d 272 (1999)

690 N.Y.S.2d 8

MICHAEL E. STUTMAN et al., Respondents, v. CHEMICAL BANK, Appellant.

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

Decided April 22, 1999.


Plaintiffs in this class action challenge a $275 charge for "attorney's fee" imposed by defendant in connection with the prepayment of a mortgage by a new third-party lender. The terms of the original note provided that there would be no extra charges for a simple prepayment of the loan. The case was initially removed to United States District Court, where causes of action for breach of contract and violations of the Federal Truth...

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