Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court correctly denied the defendant's motion for summary judgment dismissing the complaint, in which it contended that the plaintiff sought to enforce a usurious transaction. Although the interest charged on the subject loan exceeded the criminal usury rate (see Penal Law § 190.40) and was therefore usurious without regard to the lender's intent (see Freitas v. Geddes...
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