CENT. FUNDING CO. v. DOOLEY WATERPROOFING CO., INC.


81 A.D.2d 571 (1981)

Central Funding Company, Respondent, v. Dooley Waterproofing Co., Inc., et al., Appellants, et al., Defendants

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

April 6, 1981


Order affirmed, with $50 costs and disbursements.

Special Term did not abuse its discretion in denying appellants' motion, inter alia, to vacate the stipulation entered into on September 25, 1972. Moreover, appellants have failed to establish the defense of usury by "`clear evidence as to all the elements essential thereto'" (see Giventer v Arnow, 37 N.Y.2d 305...

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