On this motion for summary judgment in lieu of complaint (CPLR 3213), plaintiffs seek recovery of the unpaid principal balance of a series of notes which they allege were given in payment for their interest in a certain company. Appellant March, on the other hand, contends that the notes evidence usurious interest on a repaid loan. Appellant's version of the transaction is supported by the notation of "interest" on checks given in partial payment of the notes sued upon and...
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