Mercure, J.
In 1980, defendant executed in favor of plaintiffs his bond and mortgage securing real property located in the Village of Lake Placid, Essex County. Plaintiffs subsequently brought an action to foreclose the mortgage, defendant successfully interposed the defense of usury, and Supreme Court (Viscardi, J.) entered an order in favor of defendant determining that the bond and mortgage were null and void and canceling and discharging the mortgage of record...
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