Opinion
March 17, 1944.
Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.; Dore, J., dissents in the following memorandum:
Judgment affirmed, with costs. No opinion.
This was not a sale on credit but a sale of credit. The consideration charged for the credit extended was excessive under sections 352, 357 and 358 of the Banking Law, and therefore the conditional sales agreement was void. Accordingly, I dissent and vote to reverse and grant judgment for plaintiff.