Legal Opinion

Raben v. Overseas Barters, Inc.

New York Supreme Court

Decided July 25, 1967PublishedCited by 3 opinions

1Opinion of the Court

Johit H. Galloway, Jr., J.

In this action for judgment declaring a contract for the sale and purchase of real property to be void, as usurious, and to recover the down payment of $25,000 thereon or, in the alternative, for a lien in the amount thereof upon the real property covered by said contract of sale, defendant moves before answer: (1) pursuant to CPLR 3211 (subd. [a], pars. 1, 7) to dismiss the complaint on the grounds that a defense thereto is founded upon documentary evidence, and that the complaint fails to state a cause of action; and (2) pursuant to CPLR 6514 (subds. [a], [b])…

2Cases cited32 opinions

  1. Kortright v. . CadyNew York Court of Appeals · 1860
  2. Sullivan v. . RossonNew York Court of Appeals · 1918
  3. Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
  4. Orvis v. . CurtissNew York Court of Appeals · 1899
  5. Cutler v. . WrightNew York Court of Appeals · 1860

27 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. J. C. Penney Co.Wisconsin Supreme Court · 1970
  2. Stonebraker v. ZinnWest Virginia Supreme Court · 1982
  3. Streamlined Consultants, Inc. v. EBF Holdings, LLCDistrict Court, S.D. New York · 2022

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