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JMD HOLDING CORP. v. CONGRESS FINANCIAL CORPORATION

5 A.D.3d 334 (2004)

773 N.Y.S.2d 554

JMD HOLDING CORP., Respondent, v. CONGRESS FINANCIAL CORPORATION, Appellant, et al., Defendant.

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

March 30, 2004.

In light of plaintiff's repayment of the loan and our prior decision that defendant was not entitled to retain plaintiff's cash reserve after repayment (309 A.D.2d 645 [2003]), defendant was required to refund all fees misappropriated from plaintiff's account following repayment of the loan in full. Contrary to defendant's contention, there were no "contingent obligations" under the agreement justifying its retention of these fees once...

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