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MURLAR EQUITIES PARTNERSHIP v. JIMINEZ

6593, 17611/06.

161 A.D.3d 569 (2018)

73 N.Y.S.3d 751

2018 NY Slip Op 03625

Murlar Equities Partnership, Respondent-Appellant, v. Franklin Jiminez, Appellant-Respondent, et al., Defendants.

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

Decided May 17, 2018.

Plaintiff's motion should have been denied, since the new evidence that plaintiff submitted in support of renewal, a loan document purporting to reduce the interest rate to the legal rate in the event of a finding of usury, would not change the prior determination that the loan was criminally usurious (see Bakhash v Winston, 134 A.D.3d 468 [1st Dept 2015]; CPLR 2221 [e] [2]). In any event, plaintiff did not assert additional material...

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