Legal Opinion
Szerdahelyi v. Harris
New York Court of Appeals
Decided February 13, 1986PublishedCited by 57 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
The issue is whether a lender, by tendering a return of excess interest paid by a borrower on a usurious loan, may establish a right to recover the loan principal plus legal interest. Section 5-511 of the General Obligations Law provides otherwise but defendants claim that the 1965 amendment to section 5-519 of the General Obligations Law, not previously interpreted by this court, permits them to relieve themselves of the illegality and revive the void contract. We hold that it does not.
The question arises from these facts. Plaintiff and Patrick Laurent were…
2Cases cited10 opinions
- McConnell v. Commonwealth Pictures Corp.New York Court of Appeals · 1960
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Hettich v. HettichNew York Court of Appeals · 1952
- Mandelino v. FribourgNew York Court of Appeals · 1968
5 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- New York State Correctional Officers & Police Benevolent Ass'n v. StateNew York Court of Appeals · 1999
- Welsbach Elec v. Mastec N. AmNew York Court of Appeals · 2006
- Whitehaven S.F., LLC v. SpanglerDistrict Court, S.D. New York · 2014
- In Re Venture Mortgage Fund, L.P., David Schick, Venture Mortgage Corp. And a & D Trading Group, L.L.C. Debtors, Theodore Brodie and Atassco v. John F. Schmutz, as Chapter 11 Trustee for the Estate of Venture Mortgage Fund, L.P. And Aurora Cassirer, as Chapter 11 Trustee for the Estate of David Schick and Venture Mortgage Corp.Court of Appeals for the Second Circuit · 2002
- City of New York v. 17 Vista AssociatesNew York Court of Appeals · 1994
52 more not listed; retrieve them via the Exa API.