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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.
*976 The 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.)
Document Info
Citation Numbers: 269 A.D. 975
Judges: Callahan, Cohn
Filed Date: 11/16/1945
Precedential Status: Precedential
Modified Date: 1/12/2023