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M & T MORTGAGE CORP. v. FOY

20 Misc.3d 274 (2008)

858 N.Y.S.2d 567

M & T MORTGAGE CORP., Plaintiff, v. JAHN K. FOY et al., Defendants.

Supreme Court, Kings County.

May 1, 2008.

Attorney(s) appearing for the Case

Steven J. Baum, P.C., Amherst, for plaintiff.

Law Firm of Ravi Batra P.C., New York City, for Jahn Foy, defendant.

OPINION OF THE COURT

HERBERT KRAMER, J.

Equity abhors discrimination.

Equity will not enforce discriminatory practices.

This court holds, for reasons set forth below, that a mortgage granted to a minority buyer for the purchase of property in a minority area which carries an interest rate that exceeds nine percent creates a rebuttable presumption of discriminatory practice.

This court...

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