Inter-City Investor Corp. v. Kessler

In an action, inter alia, to foreclose a mortgage on real property, and for legal fees due pursuant to said mortgage, defendants appeal from a judgment of the Supreme Court, Kings County, entered May 18, 1976, after a nonjury trial, which, inter alia, fixed the amount due plaintiff and directed that the mortgaged premises be sold. The appeal brings up for review an order of the same court, dated May 12, 1976, which awarded plaintiff $1,500 as legal fees. Judgment and order affirmed, with one bill of costs. A party asserting the defense of usury must establish it by " 'clear evidence as to all…