White Factors, Inc. v. Friedman

The plaintiff in an action to foreclose a mortgage moves for summary judgment. After the service of the motion, the defendants Friedman served an amended answer as of right. That answer raised the defense that the plaintiff prior to the institution of the action entered judgment against the defendants for the debt secured by the mortgage, and that execution has not been issued, or returned wholly or partly unsatisfied. The answer further raised the defense and counterclaim of usury, alleging that the mortgage was given to secure a sum of money advanced by the plaintiff to the defendants, and…