METZ v. TAGLIERI


29 Misc.2d 841 (1961)

Christopher Metz et al., Plaintiffs, v. Frank J. Taglieri et al., Defendants.

Supreme Court, Special Term, Suffolk County.

May 3, 1961


Attorney(s) appearing for the Case

Lewis M. Batkin for plaintiffs. Leslie Tenzer for defendants.


THOMAS P. FARLEY, J.

Plaintiff moves for summary judgment in an action to foreclose a mortgage on real property. The defendants have pleaded the defense of usury in their answer. Plaintiffs do not deny that the underlying loan, for which the subject mortgage was given as collateral security, was usurious, but contend that the loan was made to a corporation and consequently the individual defendants may not properly...

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