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MOORE v. PLAZA COMMERCIAL CORP.

9 A.D.2d 223 (1959)

Carl E. Moore, Appellant, v. Plaza Commercial Corp., Respondent

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

November 17, 1959.

Attorney(s) appearing for the Case

Julius Helfand of counsel (Stanley C. Lesser with him on the brief; Helfand & Lesser, attorneys), for appellant.

Cecil A. Citron of counsel (Sherman & Citron, attorneys), for respondent.

BREITEL, J. P., VALENTE, McNALLY and BASTOW, JJ., concur.

STEVENS, J.

This is an appeal from an order of Special Term which denied plaintiff's motion for summary judgment.

The plaintiff, assignee of a borrower, brought action against the defendant lender to recover pledged collateral on the grounds that the underlying loan was usurious. In the alternative, he seeks to recover money damages for the difference between the amount received by the lender on the sale...

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