Appellate Division of the Supreme Court of New York, 1945

Randisi v. Household Finance Corp.

Randisi v. Household Finance Corp.
Appellate Division of the Supreme Court of New York · Decided November 16, 1945 · Callahan, Cohn
269 A.D. 975; 58 N.Y.S.2d 406
Randisi v. Household Finance Corp.

Opinion of the Court

Cohn and Callahan, JJ.

(dissenting). In our opinion, section 358 of the Banking Law does not purport to declare a loan void merely because a statement furnished pursuant to section 353, by inadvertent error incorrectly states the date of maturity.

*976The error herein was clearly inadvertent, and the order should be reversed, the complaint dismissed and defendant Household Finance Corporation awarded judgment m the consolidated action.

Martin, P. J., Townleyand Dore, JJ., concur in decision; Cohn and Callahan, JJ., dissent in opinion.

Judgment and order affirmed, with costs. (Reich v. Railroad Employees’ Personal Loan Co., 291 N. Y. 714.)

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