Blunsden v. Marks

INTRODUCTION

The plaintiff filed this action pursuant to G.L.c. 271, §49 seeking to have a promissory note declared void as usurious. This matter is before the court on the parties’ cross-motions for summary judgment pursuant to Mass.R.Civ.P. 56. For the reasons discussed below, the plaintiff s motion for summary judgment is DENIED, and the defendant’s cross-motion for summary judgment is ALLOWED.

BACKGROUND

The following facts are undisputed.

On July 25, 1994, plaintiff Richard Blunsden ("Blunsden”) agreed to purchase a vacant 32,671 square foot parcel of land located oh Peckham Street in…