New York Consolidated Laws
N.Y. General Obligations Law § 5-519 (2026)
Return of excess a bar to further penalties
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 5-519. Return of excess a bar to further penalties. Every person who shall repay or return the money, goods or other things so taken, accepted or received, or the value thereof, shall be discharged from any other or further forfeiture or penalty which he may have incurred under sections 5-511 or 5-513, by taking or receiving the money, goods or other thing so repaid, or returned, as aforesaid.
Notes of Decisions
Cited in 2
cases, 1985–1986 · leading case: Szerdahelyi v. Harris, 490 N.E.2d 517 (N.Y. 1986).
Szerdahelyi v. Harris, 490 N.E.2d 517 (N.Y. 1986). “Justice Bloom, writing for himself and Justice Carro, construed General Obligations Law §5-519 as permitting a lender who tenders back the excess interest on a usurious loan to recover the principal and legal interest.”
Szerdahelyi v. Harris, 110 A.D.2d 550 (N.Y. App. Div. 1st Dep't 1985). “Nevertheless, we are of the opinion that the assertion of the tender back of the excess interest as affirmative defenses in the separate answers of Harris and Mensch and the specific reference to General Obligations Law § 5-519, together with the statement that a return of the…”
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