RUMINANT NITROGEN PRODS. v. ZITTEL


78 A.D.2d 766 (1980)

Ruminant Nitrogen Products, Respondent, v. Donald Zittel, Appellant

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

October 30, 1980


Order unanimously modified, without costs.

Memorandum:

Defendant, in this breach of contract action, raised a number of affirmative defenses. Plaintiff moved under CPLR 3211 (subd [b]) to strike three of the affirmative defenses: the fifth, alleging that the contract was usurious; the sixth, alleging that the finance charges were in the nature of penalties; and the seventh, setting forth that the contract violated several State and Federal statutes. On the...

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