Szerdahelyi v. Harris

Bloom, J. (concurring).

While I am in accord with the end result reached in the opinion of my brother Asch, I reach my conclusion by a somewhat different process of reasoning. Accordingly, I am constrained to set forth my views at some length. I am of the opinion that the primary issue presented for our consideration requires that we determine the effect of a tender back of the excess interest paid by the borrower and received by the lender upon an usurious loan.

I

Plaintiff and her boyfriend were tenants in premises 401 East 66th Street, New York City. The building was converted to cooperative…