CASTEN v. TANNENBAUM


42 Misc.2d 118 (1964)

Joseph Casten, Plaintiff, v. Paul Tannenbaum et al., Defendants.

Supreme Court, Special Term, Queens County.

February 25, 1964


Attorney(s) appearing for the Case

Philip Gelfand for plaintiff. Paul Tannenbaum, defendant in person.


JAMES A. ROE, JR., J.

Plaintiff in this action to foreclose a mortgage moves for (a) summary judgment and (b) an order dismissing the defense and counterclaim of usury.

Defendant Tannenbaum is the owner and mortgagor of the property. He is the only defendant appearing in the action.

Defendant does not allege that the mortgage agreement was invalid or usurious in its inception, but contends that at the time a mortgage extension agreement...

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