AMATO v. OSARWALD CONSTR. CORP.


32 A.D.2d 548 (1969)

Joseph J. Amato, as Trustee, Respondent, v. Osarwald Construction Corp., Appellant, et al., Defendants

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

April 21, 1969


Order reversed insofar as appealed from, on the law, with $10 costs and disbursements, and plaintiff's said motion denied.

The action is to foreclose a mortgage. In its answer appellant interposed the affirmative defense of the Statute of Limitations, alleging that the cause of action accrued more than six years prior to the date on which the action was commenced. On the renewal motion, appellant also asserted that the defense of usury was available to it. In our...

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