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Babinsky v. Skidanov

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 2004
12 A.D.3d 271 (N.Y. App. Div. 2004)

Opinion

4676

November 18, 2004.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered September 11, 2003, which, in a mortgage foreclosure action, insofar as appealed from, denied plaintiff's motion for summary judgment appointing a referee to compute and striking defendant-respondent mortgagor's counterclaims seeking, inter alia, a declaration that the mortgage note is usurious, unanimously affirmed, with costs.

Before: Mazzarelli, J.P., Andrias, Friedman, Marlow and Sweeny, JJ.


The motion court correctly held that even if the note were exempt from the defense of civil usury because given in connection with a purchase-money mortgage, it remains subject to the defense of criminal usury ( see C M Air Sys. v. Custom Land Dev. Group II, 262 AD2d 440, 440-441), and that an issue of fact as to criminal usurious intent is raised by the unexplained discrepancy between the amount stated on the note and the substantially lesser amount that defendant claims to have received from plaintiff ( see Karas v. Shur, 189 AD2d 856).


Summaries of

Babinsky v. Skidanov

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 2004
12 A.D.3d 271 (N.Y. App. Div. 2004)
Case details for

Babinsky v. Skidanov

Case Details

Full title:LEONID BABINSKY, Appellant, v. VIASCHESLAV SKIDANOV, Also Known as…

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

Date published: Nov 18, 2004

Citations

12 A.D.3d 271 (N.Y. App. Div. 2004)
784 N.Y.S.2d 540

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