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SCHWARTZ v. USEROWITZ

56 Misc.2d 1016 (1968)

Milton I. Schwartz, Doing Business Under the Name of Samson Security Company, Plaintiff, v. Arthur Userowitz et al., Defendants.

Supreme Court, Special Term, New York County.

May 3, 1968

Attorney(s) appearing for the Case

Blackman & Lefrak for plaintiff. Burton C. Beal for defendants.

JOSEPH A. SARAFITE, J.

This is a motion by plaintiff to strike the affirmative defense and for judgment on the pleadings pursuant to CPLR 3211 and 3212.

The facts are not in dispute. Plaintiff exacted more than 25% interest on a loan secured by promissory notes. Plaintiff, on January 8, 1968, returned all of the money exacted as interest or bonus.

The affirmative defense sought to be stricken sets up the provisions of the criminal usury...

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