LESTER v. LEVICK


50 A.D.2d 860 (1975)

Jack M. Lester et al., Respondents, v. Irving Levick et al., Appellants

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

December 22, 1975


Order affirmed, with $50 costs and disbursements.

Defendants' motion was based on the ground that the first cause of action seeks to enforce a usurious transaction and that the second cause of action was insufficient to constitute an action to recover damages based on fraudulent representations. Special Term denied the motion on the ground that factual issues were raised, thus requiring a trial. With this disposition we agree. The agreement between the parties was...

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