TORELLI v. ESPOSITO


93 A.D.2d 747 (1983)

Thomas Torelli, as Administrator of The Estate of James Torelli, Deceased, Appellant, v. John Esposito et al., Respondents

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

April 14, 1983


The first cause of action of the complaint seeks to recover the principal sum of $365,000, plus interest, pursuant to a promissory note executed by defendants-respondents. The third cause of action is for enforcement of the stock pledge provisions in a stock purchase agreement. Defendants' answer asserts that the transaction in question is void for lack of consideration, that the purported loan was fictitious, a sham and also usurious. Plaintiff moved for partial summary...

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