SIMON v. LANDAU


27 Misc.2d 269 (1960)

Moritz Simon, Plaintiff, v. Saul Landau et al., Defendants.

Supreme Court, Special Term, Queens County.

September 27, 1960


Attorney(s) appearing for the Case

Silbowitz & Feiden (Albert E. Silbowitz of counsel), for plaintiff. Finkel & Nadler for defendants.


CHARLES MARGETT, J.

Plaintiff moves for summary judgment in an action to foreclose a second and third mortgage, to appoint a Referee to compute, and to amend the title of the action.

No issue is raised as to the defaults pleaded in the complaint. The brief opposing affidavit of the defendant Saul Landau is confined to the defense of usury pleaded in the answer. The burden of that defense is that the...

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