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DEMLER v. SOKOLOWSKI

570680/07.

2008 NY Slip Op 51512 (U)

CARL DEMLER, Plaintiff-Appellant, v. TERESA SOKOLOWSKI, Administratrix of the ESTATE OF FRANK SOKOLOWSKI A/K/A FRANK SOKOLOV, Defendant-Respondent.

Appellate Term of the Supreme Court of New York, First Department.

Decided July 21, 2008.

PER CURIAM.

Civil Court properly awarded defendant summary judgment dismissing the complaint inasmuch as the promissory note sued upon was unenforceable as violative of the usury laws (see Borowski v. Falleder, 296 A.D.2d 301 [2002]). Plaintiff's documentary proof did not support his contention that the underlying transaction was, in reality, a sale on credit of a piano, which would not fall within the definition of usury...

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