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MOYAL v. SULLO

1339N, 157850/14.

139 A.D.3d 644 (2016)

30 N.Y.S.3d 866

2016 NY Slip Op 04154

DAVID MOYAL, Suing Individually and on Behalf of CIRCLE PRESS, INC., Plaintiffs, v. JOSEPH SULLO, Respondent, ROBERT MALTA et al., Appellants, et al., Nominal Defendant.

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

Decided May 31, 2016.

The motion court properly denied the motion, because the proposed usurious loan cross claim is palpably without merit (see Gordon v Oster, 36 A.D.3d 525, 525 [1st Dept 2007]). The per annum interest rate on the note executed by Malta does not exceed the maximum per annum interest rate provided in either the civil usury statute or the relevant criminal usury statute (see General...

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