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BABINSKY v. SKIDANOV

12 A.D.3d 271 (2004)

784 N.Y.S.2d 540

LEONID BABINSKY, Appellant, v. VIASCHESLAV SKIDANOV, Also Known as SKIDANOV VYACHESLAV EVGUENIEVICH, Respondent, et al., Defendants.

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

November 18, 2004.

The motion court correctly held that even if the note were exempt from the defense of civil usury because given in connection with a purchase-money mortgage, it remains subject to the defense of criminal usury (see C & M Air Sys. v Custom Land Dev. Group II, 262 A.D.2d 440, 440-441 [1999]), and that an issue of fact as to criminal usurious intent is raised by the unexplained discrepancy between the amount stated on the note and...

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