RUSSO v. CAREY


271 A.D.2d 889 (2000)

706 N.Y.S.2d 760

ANGELO RUSSO, Respondent-Appellant, v. BARBARA CAREY, Appellant-Respondent.

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

Decided April 27, 2000.


Mugglin, J.

In 1996, plaintiff loaned defendant a total of $19,000 represented by two separate promissory notes. When defendant failed to repay the loans, plaintiff commenced this action by a motion for summary judgment in lieu of complaint. Defendant cross-moved for summary judgment dismissing plaintiff's action alleging that both loans were usurious and, thus, unenforceable. Supreme Court denied both motions finding that, although the subject notes were usurious...

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