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MARTELL v. DRAKE

518999.

124 A.D.3d 1200 (2015)

LEON MARTELL, Respondent, v. RALPH DRAKE, Appellant, et al., Defendants.

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

Decided January 29, 2015.

Defendant Ralph Drake (hereinafter defendant) entered into a loan agreement with plaintiff secured by a mortgage on real property in the Town of Colonie, Albany County. Pursuant to the terms of the loan, defendant received $125,000 payable in one year with an interest rate of 15%. Half the annual interest —

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