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GREENFIELD v. SKYDELL

186 A.D.2d 391 (1992)

Mordchai Greenfield, Appellant, v. Harry Skydell et al., Respondents

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

October 8, 1992

We find that there is an issue of fact as to whether the transaction at issue was usurious. Intent is an essential element of usury (Freitas v Geddes Sav. & Loan Assn., 63 N.Y.2d 254, 262). A defendant seeking to interpose the defense of usury must prove all of the essential elements thereof by clear evidence (Giventer v Arnow, 37 N.Y.2d 305, 309). The court will not assume that the...

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