UJUETA v. EURO-QUEST CORP.


29 A.D.3d 895 (2006)

814 N.Y.S.2d 551

ALBERTR UJUETA, Respondent, v. EURO-QUEST CORP. et al., Appellants.

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

May 23, 2006.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff and defendants entered into a transaction by which the deed to the subject premises was transferred from the plaintiff and to the defendants. The plaintiff seeks, inter alia, a judgment declaring that the deed was a mortgage and that the underlying loan was usurious.

When determining whether a transaction constitutes a usurious loan it must be "considered in its totality...

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