In light of plaintiff's repayment of the loan and our prior decision that defendant was not entitled to retain plaintiff's cash reserve after repayment ( 309 A.D.2d 645), defendant was required to refund all fees misappropriated from plaintiff's account following repayment of the loan in full. Contrary to defendant's contention, there were no "contingent obligations" under the agreement justifying its retention of these fees once plaintiff had repaid the loan. Any obligations that arguably arose out of the loan agreement after repayment of the debt were the result of defendant's refusal to terminate its security interest or return plaintiff's money. Finally, plaintiff's failure to object to fees wrongfully charged by defendant did not create a liability, under the theory of an account stated, where none existed in the first place ( Gurney, Becker Bourne v. Benderson Dev. Co., 47 N.Y.2d 995, 996).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.