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CHERY v. ANTHONY

156 A.D.2d 414 (1989)

Andre Chery, Appellant, v. Neville Anthony, Respondent

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

December 11, 1989

Ordered that the order is affirmed, with costs.

In or about April 1986 the plaintiff commenced this action for a judgment declaring that an instrument of conveyance from the plaintiff to the defendant is a mortgage rather than a deed, and to cancel the same upon the ground that the underlying loan is usurious. On September 5, 1986, the defendant served an amended answer which interposed a counterclaim to recover damages...

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