ROSENBLUM v. STEINER


55 A.D.2d 867 (1977)

Dora Rosenblum, as Administratrix of The Estate of Jacques Rosenblum, Deseased Appellant, v. Herman C. Steiner, Respondent

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

January 4, 1977


Plaintiff executrix commenced this CPLR 3213 proceeding on two notes remaining out of a series of five; three had been paid, the fourth had matured but was returned for insufficient funds, and the fifth claimed to have fallen due by operation of an acceleration clause triggered by nonpayment of the fourth. The answering affidavit set up a defense of usury not apparent on the face of the notes and counterclaimed for return of excess...

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