WOODHOUSE, DRAKE, ETC. v. ANDERSON


61 Misc.2d 951 (1970)

Woodhouse, Drake & Carey, Ltd., Plaintiff, v. Rodney B. Anderson, Defendant.

Supreme Court, Special Term, New York County.

January 14, 1970


Attorney(s) appearing for the Case

Greenbaum, Wolff & Ernst (Irwin J. Robinson of counsel), for plaintiff. Howard F. Cerny and Stanley George Solomon for defendant.


ARNOLD L. FEIN, J.

Plaintiff, suing as the alleged holder in due course of a promissory note, executed by defendant, moves for summary judgment. In opposition to the motion and in support of defendant's cross motion for leave to serve an amended answer, defendant asserts, and asks leave to interpose as defenses, that: (1) the note is unenforceable as usurious; (2) it was made, executed and delivered without consideration, for the accommodation of defendant...

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