Legal Opinion
Feivel Funding Associates v. Bender
Appellate Division of the Supreme Court of the State of New York
Decided December 5, 2017No. 5123PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered March 10, 2016, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion for summary judgment foreclosing on a note and mortgage given by defendant Zhanna Bender and dismissing defendant’s defense and counterclaim alleging usury, unanimously reversed, on the law, without costs, and the motion denied.
Defendant borrowed $350,000 from plaintiff, giving a two-year note secured by a mortgage on the home she was buying. On its face, the note required payment of 10% annual interest rate, which is lower…
2Cases cited6 opinions
- Freitas v. Geddes Savings & Loan Ass'nNew York Court of Appeals · 1984
- Abir v. Malky, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Espinal v. Trezechahn 1065 Avenue of Americas, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- O'Donovan v. GalinskiAppellate Division of the Supreme Court of the State of New York · 2009
- Best v. 1482 Montgomery Estates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
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3Cited by4 opinions
- D.A. v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2021
- D.A. v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2021
- Shanahan v. Aerco Intl., Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- Tecchia v. BellatiAppellate Division of the Supreme Court of the State of New York · 2022