Eikenberry v. Adirondack Spring Water Co.

OPINION OF THE COURT

Kaye, J.

Where an extension agreement for the repayment of a debt is void, because of a usurious rate of interest, the invalidity of that agreement does not extinguish defendants’ liability to plaintiff for the debt under the parties’ original contract.

Plaintiff rendered legal services to defendants pursuant to a November 12,1974 retainer agreement, with agreed hourly fees to be paid partly at the rate of $500 a month and partly upon the disposition of certain litigation. When defendants terminated the representation in February 1976, they owed plaintiff *127$17,965 in fees and…