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ARBUZOVA v. SKALET

2011-04568.

92 A.D.3d 816 (2012)

938 N.Y.S.2d 811

2012 NY Slip Op 1418

LILIA ARBUZOVA, Respondent, v. YURY SKALET et al., Appellants.

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

Decided February 21, 2012.

Ordered that the judgment is affirmed, with costs.

A corporation is prohibited from asserting the defense of civil usury (see General Obligations Law § 5-521; Schneider v Phelps, 41 N.Y.2d 238, 242 [1977]; Tower Funding v Berry Realty, 302 A.D.2d 513, 514 [2003]). An individual guarantor of a corporate obligation is also precluded from raising such a defense (see Schneider...

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