Schwartz v. Fifty Greenwich Street Realty Corp.

Full title: MICHAEL R. SCHWARTZ et al., Respondents, v. FIFTY GREENWICH STREET REALTY…

Court: Court of Appeals of the State of New York

Date published: Jul 3, 1934

265 N.Y. 443 (N.Y. 1934)

193 N.E. 263

Opinion

Argued June 6, 1934

Decided July 3, 1934

Appeal from the Supreme Court, Appellate Division, First Department.

Frederic H. McCoun for appellants.

Maurice I. Rappaport and Morris Cukor for respondents.

Judgment modified by reversing judgment as to individual defendant Leary, with costs to him in all courts, and as so modified affirmed, with costs against corporate appellants, on the authority of London v. Toney ( 263 N.Y. 439). No opinion. (See 265 N.Y. 512.)

Concur: POUND, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ.

CRANE, J. (dissenting).

I dissent. As the corporation mortgagor could not plead usury, neither can the guarantor Leary.