Rols Capital Co. v. Bottone

In an action to foreclose a mortgage, the defendant Mark Bottone appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Cannavo, J.) dated February 15, 1989, as dismissed his affirmative defenses and counterclaim.

Ordered that the order is modified, by (1) deleting the provision thereof dismissing the appellant’s counterclaim insofar as it was based upon the claim of usury, and (2) deleting the provision thereof dismissing the appellant’s affirmative defense of usury; as so modified, the order is affirmed insofar as appealed from, without costs or…