FERRIGNO v. CROMWELL DEVELOPMENT ASSOCIATES

(SC 15673)

244 Conn. 189 (1998)

ANTHONY FERRIGNO, TRUSTEE v. CROMWELL DEVELOPMENT ASSOCIATES ET AL.

Supreme Court of Connecticut.

Officially released March 24, 1998.


Attorney(s) appearing for the Case

Max Stuart Case, with whom, on the brief, was Leo J. McManus, for the appellants (defendants).

William F. Gallagher, with whom, on the brief, were Kurt D. Koehler and Edward Krasnow, for the appellee (plaintiff).

Callahan, C. J., and Borden, Berdon, Palmer and McDonald, Js.


Opinion

CALLAHAN, C. J.

The sole issue in this appeal is whether a defendant may assert usury as a defense in a deficiency judgment proceeding subsequent to the strict foreclosure of a bona fide real estate mortgage for a sum in excess of $5000. We conclude that General Statutes § 37-9 (3) exempts the loan from the usury law and that, therefore, usury is not a defense to the claim for a deficiency judgment.

The record reveals the following...

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