FREY v. MALRATH REAL ESTATE DEV. CORP.


199 A.D.2d 713 (1993)

605 N.Y.S.2d 451

Michael Frey et al., Respondents, v. Malrath Real Estate Development Corporation, Appellant

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

December 16, 1993


Cardona, J.

At issue on this appeal is whether Supreme Court erred in denying summary judgment to defendant based upon its claim that the transaction underlying plaintiffs' action involved a criminally usurious loan. We agree with Supreme Court that questions of fact exist concerning the nature of the transaction and, therefore, affirm.

Pursuant to the terms of two separate but identically worded agreements dated September 30, 1987, each plaintiff...

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