LANDER v. GAMBINO


94 A.D.2d 715 (1983)

Frank A. Lander, Respondent, v. Natale Gambino, Defendant, and Peter Matone, Appellant

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

May 9, 1983


Judgment affirmed, with $50 costs and disbursements.

In the instant matter, the promissory note sued upon evidences a pre-existing debt of appellant to plaintiff. This transaction cannot be viewed as a means of disguising a usurious loan. Since nothing akin to the borrowing or lending of money, goods or things in action (General Obligations Law, § 5-501, subd 1; § 5-511, subd 1) is involved, the prohibition and forfeiture provisions of the usury laws are...

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