Cohen v. Eisenberg

—In an action to foreclose a mortgage, the defendants Neal F. Eisenberg and Kim Yen Eisenberg appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated February 17, 1999, as granted those branches of the plaintiffs’ motion which were, in effect, for summary judgment dismissing their first, second, and eighth affirmative defenses alleging usury, and denied their cross motion for summary judgment dismissing the complaint.

Ordered that the order is modified by deleting the provision thereof granting those branches of the plaintiffs’…