La Lone v. Gerber

— Order entered February 29, *5851984, Supreme Court, New York County (Stanley S. Ostrau, J.), which, to the extent appealed from, denied defendants’ motion for summary judgment, is unanimously affirmed, without costs.

We are affirming so much of the order appealed from as denied defendants’ motion to dismiss the second cause of action, concerning payment due upon two promissory notes, on the ground that the notes are void as being usurious. We agree with the court below that the defense of usury is unavailable with respect to these promissory notes since the notes were given by two of the…