BALK v. FRANK


29 A.D.2d 685 (1968)

Gerhard Balk et al., Respondents, v. Ivor Frank et al., Appellants

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

January 29, 1968


Judgment reversed, on the law, without costs, and motions denied.

No questions of fact were considered on this appeal. In our opinion, the following triable issues of fact are presented: (1) whether the loan was made to the individual plaintiffs or to 164 Abbey Cleaners, Inc.; and (2) if the loan was made to the corporation, whether it was "wilfully and knowingly" made at a rate exceeding 25% per annum within the meaning of the applicable statutes (Penal Law, §...

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