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PEMPER v. REIFER

264 A.D.2d 625 (1999)

695 N.Y.S.2d 555

ANTHONY PEMPER et al., Respondents, v. STANLEY J. REIFER, Appellant.

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

Decided September 16, 1999.

Plaintiffs commenced this action seeking to recover funds they loaned to defendant. In defense, he asserted that recovery was precluded because the interest rate charged for the loan was usurious. Supreme Court, finding that defendant suggested the interest rate, concluded that usury was not a defense to this action and granted summary judgment in favor of plaintiffs. This was error.

It is well established that where a...

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