Negrin v. Norwest Mortgage, Inc.

H. Miller, J.,

dissents and votes to affirm the order appealed from, with the following opinion: In preparation for selling her condominium, the plaintiff, Elise Negrin, telephoned her mortgage company, the defendant, Norwest Mortgage, Inc., on August 5, 1997, and requested that the payoff statement be sent by facsimile. Norwest complied, sending the statement the next day. Included in the statement were two charges, one for $10 listed as a “Fax Fee” and one for $13.50 that was listed as “Recording Fees.” The plaintiff did not complain of these charges and used the documents to complete the…