ROCHESTER EQUITY v. UPTON


1 Misc.3d 412 (2003)

767 N.Y.S.2d 201

ROCHESTER HOME EQUITY, INC., Plaintiff, v. LINDA A. UPTON, Defendant.

Supreme Court, Monroe County.

October 29, 2003.


Attorney(s) appearing for the Case

Lacy, Katzen, Ryen & Mittleman, LLP, Rochester (Mark H. Stein of counsel), for plaintiff.

Cohen, Dax & Koenig, P.C., Albany (Joshua A. Sabo of counsel), for defendant.


OPINION OF THE COURT

ANDREW V. SIRACUSE, J.

The plaintiff here is suing for application and lock-in fees in a mortgage application that was never consummated. The defendant, in turn, argues that the plaintiff failed to make a federally-mandated disclosure at a time when she could cancel the transaction without penalty. This would appear to be a simple question, and the dispute involves a negligible amount...

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