New York Court of Appeals

Michael Giventer, as of Emanuel Choper v. Samuel Arnow

July 8, 197537 N.Y.2d 305

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the Special Term's judgment that the loan note was usurious and void because its quarterly compounding produced an effective interest rate above the statutory maximum. The court held that the compounding clause could not be severed and the entire note was unenforceable.