Legal Opinion
Clark v. Daby
Appellate Division of the Supreme Court of the State of New York
Decided December 5, 2002PublishedCited by 58 opinions
1Opinion of the Court
—Mercure, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered September 28, 2001 in Essex County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.
In 1980, defendant executed in favor of plaintiffs his bond and mortgage securing real property located in the Village of Lake Placid, Essex County. Plaintiffs subsequently brought an action to foreclose the mortgage, defendant successfully interposed the defense of usury, and Supreme Court (Viscardi, J.) entered an order in favor of defendant determining that the bond and mortgage were null…
2Cases cited5 opinions
- Paramount Film Distributing Corp. v. StateNew York Court of Appeals · 1972
- Wiener v. Lazard Freres & Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Kagan v. K-Tel Entertainment, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Lake Minnewaska Mountain Houses, Inc. v. RekisAppellate Division of the Supreme Court of the State of New York · 1999
- Clark v. DabyAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by58 opinions
- Briarpatch Limited, L.P., Gerard F. Rubin v. Phoenix Pictures, Inc., Michael Medavoy, Geisler Roberdeau, Inc., Terence MalickCourt of Appeals for the Second Circuit · 2004
- Agerbrink v. Model Service LLCDistrict Court, S.D. New York · 2016
- Medtech Products Inc. v. RANIR, LLCDistrict Court, S.D. New York · 2008
- In Re Amaranth Natural Gas Commodities LitigationDistrict Court, S.D. New York · 2008
- DDR Construction Services, Inc. v. Siemens Industry, Inc.District Court, S.D. New York · 2011
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