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THELMA SANDERS & ASSOCS., INC. v. FRIEDMAN

137 A.D.2d 677 (1988)

Thelma Sanders and Associates, Inc., Appellant, v. Michael Friedman et al., Respondents, et al., Defendants

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

February 16, 1988

Ordered that the judgment is affirmed, with costs.

On appeal, the plaintiff argues that the usury defense accepted by the Judicial Hearing Officer is not available to defaulting corporate entities or to individual guarantors of a corporate debt (General Obligations Law § 5-521; General Phoenix Corp. v Cabot, 300 N.Y. 87, 95). While it is conceded that this is the general rule, an exception is recognized where the corporate...

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