FARLEKAS v. DI NAPOLI


38 A.D.2d 525 (1971)

James Farlekas, Appellant, v. Vincent Di Napoli et al., Defendants, and J. MacNabney Realty Corp., Respondent

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

December 9, 1971


Appellant shall recover of respondent one bill of $30 costs and disbursements of this appeal.

In this action to foreclose a second mortgage, the documentary evidence and other proof submitted by plaintiff factually establish a prima facie case. The denials of defendant, a third mortgagee, are unsupported and appear to be sham. Defendants' opposition to plaintiff's motion is grounded specifically on the claim that the plaintiff's note and mortgage are usurious. But...

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