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BLUE CHIP v. APPLEBAUM

128 Misc.2d 963 (1985)

Blue Chip Coffee, Inc., Plaintiff, v. Norman Applebaum, Defendant.

Supreme Court, Special Term, Kings County.

May 10, 1985

Attorney(s) appearing for the Case

Zwerling & Zwerling for plaintiff. Barry Gedan for defendant.

HERBERT KRAMER, J.

A motion was made for summary judgment pursuant to CPLR 3213 based on a promissory note. A cross motion for reverse summary judgment was made on the ground that the note in question was usurious under applicable New York law. The reply papers indicated that during the period in question, the New York usury law (General Obligations Law § 5-501) was preempted by 12 USC § 86a* in the case of business...

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