Opinion
December 22, 1997
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion for summary judgment is denied, and the answer, affirmative defenses, and counterclaims are reinstated.
Upon the record before us, questions of fact exist as to whether a certain fee charged by the plaintiff rendered the subject loan usurious ( see, Rumbaut v. Reinhart, 216 A.D.2d 551), whether the transaction was tainted by fraud, and whether the Federal Truth in Lending Act ( 15 U.S.C. § 1601) is applicable to the loan so as to entitle the appellant to the remedy of rescission.
The appellant's remaining contentions are without merit.
Bracken, J. P., Copertino, Thompson and Luciano, JJ., concur.