Kaye v. Keret

Lazer, J.,

concurs as to the dismissal of the appeal from the order, but otherwise dissents and votes to affirm the judgment, with the following memorandum: At issue here are the validity and nature of a transaction in which the plaintiff loaned $12,500 to Unistar Realty Corp. secured by a second mortgage on the home of defendants Betty and George Keret, of whom the latter is a principal of Unistar. Resisting foreclosure of their home, the Kerets assert that the corporate form of the loan masked a usurious transaction under which they were the actual borrowers. My colleagues have voted to…