Antipyros Co. v. Samuel Breiter & Co.

Defendant moves for summary judgment. The action is brought for a judgment declaring chattel mortgages and promissory notes, as well as the guarantee of the individual plaintiff, to be void and invalid. It is sought, further, to enjoin defendant from enforcing the guarantee and chattel mortgages or negotiating the notes, to have the notes surrendered for cancellation, and to have the chattel mortgages satisfied and delivered to plaintiff. Plaintiffs contend that there is here involved a loan transaction in contravention of section 131 of the Banking Law, and section 18 of General Corporation…