Legal Opinion

Leo v. Stevens

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 2003PublishedCited by 4 opinions

1Opinion of the Court

Crew III, J.P.

Appeal from an *454order of the Supreme Court (Dowd, J.), entered November 5, 2002 in Otsego County, which granted defendants’ cross motion for summary judgment dismissing the complaint.

Plaintiff purchased a restaurant from defendants located in the Village of Cooperstown, Otsego County. Plaintiff financed the transaction by acquiring a mortgage from a bank and executing a second mortgage in favor of defendants. The second mortgage note provided, inter alia, that plaintiff “pay interest on any unpaid amount at the rate, based on New York Prime Index, of eleven percent (11%) per year…

2Cases cited4 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. R/S Associates v. New York Job Development AuthorityNew York Court of Appeals · 2002
  3. Matzen Construction, Inc. v. SchultzAppellate Division of the Supreme Court of the State of New York · 1999
  4. Elletson v. Bonded Insulation Co.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by4 opinions

  1. Accurate Realty, LLC v. DonadioAppellate Division of the Supreme Court of the State of New York · 2011
  2. Finch v. HaynesAppellate Division of the Supreme Court of the State of New York · 2013
  3. Pedersen v. RoyceAppellate Division of the Supreme Court of the State of New York · 2007
  4. Finch v. HaynesAppellate Division of the Supreme Court of the State of New York · 2013

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