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INTER-CITY INVESTOR CORP. v. KESSLER

56 A.D.2d 645 (1977)

Inter-City Investor Corp., Respondent, v. Edith Kessler et al., Appellants

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

February 28, 1977

Judgment and order affirmed, with one bill of costs.

A party asserting the defense of usury must establish it by "`clear evidence as to all the elements essential thereto'" (Giventer v Arnow, 37 N.Y.2d 305, 309). The trial court's holding that the defense was not established "clearly and decisively", therefore, embodied the correct standard of proof. The note and mortgage here provided for legal fees of 15% of the principal...

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