May 9, 2019

A voluntary payment defense.

The defense is inapplicable where the the record does not demonstrate that plaintiffs made the payments with full knowledge of the facts that would have enabled them to conclude that they were being overcharged by defendants due to a hidden margin fee.

BLT Steak LLC v. Liberty Power Corp., LLC, NY Slip Op 03540 (1st Dep't May 7, 2019)

Here is the decision.