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542 A REALTY, LLC v. DAVIS, LLC

2018-03872. Index No. 24973/08.

189 A.D.3d 950 (2020)

133 N.Y.S.3d 910

2020 NY Slip Op 07330

542 A Realty, LLC, Appellant, v. A. Davis, LLC, et al., Defendants, and Althea Davis, Respondent, Uzi Ovadia et al., Counterclaim Defendants.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Siegel & Reiner, LLP, New York, NY ( Richard H. Del Valle and Carl Bernstein of counsel), for appellant and counterclaim defendant Uzi Ovadia.

Althea T. Davis, sued herein as Althea Davis, Brooklyn, NY, respondent pro se.

Maltese, J.P., Dillon, Leventhal and Connolly, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action, inter alia, to foreclose a mortgage executed by the defendant A. Davis, LLC, a New York limited liability company, and guaranteed by the defendant Althea Davis (hereinafter together the defendants). In their amended answer, the defendants asserted an affirmative defense of civil usury. The Supreme Court referred...

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