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LE VINE v. FLYNN

231 A.D.2d 555 (1996)

647 N.Y.S.2d 105

Saul S. Le Vine, Respondent, v. Sandra Flynn et al., Appellants, et al., Defendants

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

September 16, 1996

Ordered that the order is affirmed, with costs.

The appellants specifically waived the defense of usury in a "stipulation and order", "so ordered" by the court, which settled a prior action to foreclose the mortgage in issue here. Accordingly, the appellants were precluded from raising usury in the instant action (see, Central Funding Co. v Deglin, 67 A.D.2d 673, affd...

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