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AM-ELM RLTY. v. STIVERS

55 A.D.2d 349 (1977)

Am-Elm Realty, Inc., Respondent, v. Robert L. Stivers et al., Appellants

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

January 21, 1977

Attorney(s) appearing for the Case

David P. Feldman for appellant.

Irving Greenberg for respondent.

MARSH, P. J., MOULE, DILLON and GOLDMAN, JJ., concur.

CARDAMONE, J.

We are called upon to decide whether there exists a triable issue of fact in plaintiff's (Am-Elm Realty, Inc.) mortgage foreclosure action against defendants-appellants, Robert L. Stivers and his wife, Glea A. Stivers, with respect to their affirmative defense in which they claim that the loan on which the action is based is usurious. We believe that there is such a fact issue and that Special Term...

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