Legal Opinion
Seidel v. 18 East 17th Street Owners, Inc.
New York Court of Appeals
Decided July 2, 1992PublishedCited by 81 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
In this mortgage foreclosure action, plaintiff-lenders seek to preclude a defense of usury, on the ground that the defense was waived by defendant-borrowers, that they are estopped from raising the defense, or that it is otherwise unavailable to them. We reject the lenders’ arguments, and dismiss their action to enforce a concededly usurious loan.
I
In October 1982, Southside Development Co., a partnership, borrowed $150,000 from Eta Herbst (plaintiffs’ decedent), to help finance its purchase of an eight-story loft building in Manhattan, which it planned to convert…
2Cases cited19 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Orvis v. . CurtissNew York Court of Appeals · 1899
- Halsey v. WinantNew York Court of Appeals · 1932
- Payne v. . BurnhamNew York Court of Appeals · 1875
- Hartley v. . HarrisonNew York Court of Appeals · 1861
14 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Lloyd Capital Corp. v. Pat Henchar, Inc.New York Court of Appeals · 1992
- LG Funding, LLC v. United Senior Props. of Olathe, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- In Re Venture Mortgage Fund, L.P., David Schick, Venture Mortgage Corp. And a & D Trading Group, L.L.C. Debtors, Theodore Brodie and Atassco v. John F. Schmutz, as Chapter 11 Trustee for the Estate of Venture Mortgage Fund, L.P. And Aurora Cassirer, as Chapter 11 Trustee for the Estate of David Schick and Venture Mortgage Corp.Court of Appeals for the Second Circuit · 2002
- Abir v. Malky, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Ujueta v. Euro-Quest Corp.Appellate Division of the Supreme Court of the State of New York · 2006
76 more not listed; retrieve them via the Exa API.