CRISAFULLI v. CHILDS


33 A.D.2d 293 (1970)

Patrick B. Crisafulli et al., Respondents-Appellants, v. Hal L. Childs, Appellant-Respondent

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

February 12, 1970.


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (David M. Lascell of counsel), for appellant-respondent.

Richard C. Mitchell for respondents-appellants.

GOLDMAN, P. J., DEL VECCHIO, GABRIELLI and MOULE, JJ., concur.


BASTOW, J.

In this action plaintiffs sought a declaration that a promissory note and related papers executed by them were null and void upon the ground that they violated the usury statutes of this State (General Obligations Law, §§ 5-501, 5-511). Defendant in his answer asserted a counterclaim to recover the balance due ($13,500) on the note together with other relief. The respective motions of plaintiffs...

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