Casten v. Tannenbaum

James A. Roe, Jr., J.

Plaintiff in this action to foreclose a mortgage moves for (a) summary judgment and (b) an order dismissing the defense and counterclaim of usury.

Defendant .Tannenbaum is the owner and mortgagor of the property. He is the only defendant appearing in the action.

Defendant does not allege that the mortgage agreement was invalid or usurious in its inception, but contends that at the time a mortgage extension agreement was entered into, he paid plaintiff a sum of money in excess of the legal rate of interest which payment, being usurious, rendered the extension agreement as…