DALLAS v. DALLAS


182 A.D.2d 1039 (1992)

Gregory Dallas, Respondent, v. Barbara Dallas, Appellant, et al., Defendants

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

April 30, 1992


Mercure, J.

In a mortgage foreclosure action, defendant Barbara Dallas (hereinafter defendant) appeals from Supreme Court's order granting plaintiff summary judgment and from the amended judgment of foreclosure and sale entered thereon, claiming that the mortgage is subject to and violates the usury statutes and that there is a triable issue of fact as to whether plaintiff forgave or excused any payment which was due on the note. We disagree and accordingly...

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