BROAD & WALL CORP. v. O'CONNOR


13 A.D.2d 462 (1961)

Broad & Wall Corporation, Respondent, v. Thomas R. O'Connor et al., Appellants

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

March 14, 1961


Judgment entered on the order granting plaintiff's motion for summary judgment, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion is denied with leave to renew upon completion of all pretrial proceedings, without costs.

On this rather incomplete and unsatisfactory record, a question of fact is presented with respect to the defense of usury alleged in the first complete defense. The defense and the affidavit of Fassoulis...

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