HOROWITZ v. GRIGGS


245 A.D.2d 486 (1997)

666 N.Y.S.2d 480

Harry Horowitz, Respondent, v. Clarence L. Griggs et al., Defendants and Ruth Griggs, Appellant

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

December 22, 1997


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion for summary judgment is denied, and the answer, affirmative defenses, and counterclaims are reinstated.

Upon the record before us, questions of fact exist as to whether a certain fee charged by the plaintiff rendered the subject loan usurious (see, Rumbaut v Reinhart, 216 A.D.2d 551), whether the transaction...

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