M-L SERVICING, INC. v. CONVERTINO


4 A.D.2d 814 (1957)

M-L Servicing, Inc., Respondent, v. Joseph G. Convertino et al., Defendants, and Richard A. Pernell et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 24, 1957


In this action to foreclose a mortgage the only defendants who answer are infant children of a mortgagor who has died and the court at Special Term has granted plaintiff's motion for summary judgment. They assert the defense of usury. This is based on a conceded payment of $480 by the decedent and defendant Convertino, who were mortgagors, above interest reserved and certain legal and other fees agreed to be paid. Plaintiff also offered in support of the motion for summary...

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