SCHNEIDER v. PHELPS


41 N.Y.2d 238 (1977)

Esther S. Schneider et al., Respondents, v. Alma G. Phelps, Appellant.

Court of Appeals of the State of New York.

Decided January 13, 1977.


Attorney(s) appearing for the Case

William Griff, White Plains, for appellant.

Benjamin Rothstein, New York City, for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

The plaintiffs in this action seek to foreclose a second mortgage on defendant's home given by the defendant Alma G. Phelps as security for her guarantee of a loan made by plaintiffs to her corporation, Mrs. Bradley G. Phelps, Inc. Defendant asserts that the transaction was usurious and the mortgage, therefore, unenforceable under section 5-501 of the General Obligations Law. Plaintiffs counter that...

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