Shute v. Stattman

784 no basis for an affirmative judgment in defendant’s favor, because they failed to plead a counterclaim for the recovery of these usurious payments and, in any event, an action therefor is required to be commenced within one year after the payment. (General Business Law, § 381.) Conclusion of law No. 8 is reversed. Appeal from findings of fact, conclusions of law and decision dismissed. No appeal lies therefrom. Present — Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ.