Raben v. Overseas Barters, Inc.
New York Supreme Court
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
- Kortright v. . CadyNew York Court of Appeals · 1860
- Sullivan v. . RossonNew York Court of Appeals · 1918
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- Orvis v. . CurtissNew York Court of Appeals · 1899
- Cutler v. . WrightNew York Court of Appeals · 1860
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3Cited by3 opinions
- State v. J. C. Penney Co.Wisconsin Supreme Court · 1970
- Stonebraker v. ZinnWest Virginia Supreme Court · 1982
- Streamlined Consultants, Inc. v. EBF Holdings, LLCDistrict Court, S.D. New York · 2022