Babcock v. Berlin

OPINION OF THE COURT

Lester E. Gerard, J.

Motion is granted.

This motion by defendant Georgina Berlin seeks summary judgment pursuant to CPLR 3212 dismissing the complaint and declaring the subject mortgage void for usury.

The plaintiffs commenced an action wherein they sought a judgment reforming a certain contract by changing the interest rate from 18%% to 16% per annum, the latter figure representing the legal permissible rate of interest at the time of the execution of the subject bond and mortgage. Defendant Berlin counterclaimed in her answer for a judgment declaring the mortgage null and…