Stutman v. Chemical Bank
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
This case requires us to determine whether a $275 bank fee assessed in connection with the refinancing of a homeowner’s loan constituted a deceptive practice under General Business Law § 349. We hold that it did not, and we therefore affirm the Appellate Division order dismissing plaintiffs’ suit.
In November 1991, plaintiff Michael Stutman and his wife, plaintiff Jeanette Rodriguez, borrowed $175,000 from defendant Chemical Bank (now merged into the Chase Manhattan Bank) to finance the purchase of a cooperative apartment. The loan was secured by…
2Cases cited7 opinions
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A.New York Court of Appeals · 1995
- Small v. Lorillard Tobacco Co.New York Court of Appeals · 1999
- Gaidon v. Guardian Life Insurance Co. of AmericaNew York Court of Appeals · 1999
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