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BENNIS v. THOMAS

14 A.D.2d 895 (1961)

Ephraim Bennis et al., Respondents, v. Albert C. Thomas et al., Appellants, et al., Defendants

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

November 13, 1961

Judgment affirmed, without costs.

The subject mortgage was given by the mortgagors, defendants Thomas, at the time they took title to the real property in question. At the same time the mortgage was assigned to plaintiffs. Usury may not be claimed as a defense against enforcement of a purchase-money mortgage, unless the mortgage was utilized as a cloak to cover a truly usurious loan (Del Rubio v. Duchesne, 284 App. Div. 89; Butts v. Samuel,

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