Investors Collateral Corp. v. Joyce

The counterclaim and defense alleged that the loan by plaintiff’s assignor to defendants, Joyce, secured by the mortgage under foreclosure, was made pursuant to a usurious agreement. The findings of the learned trial court that usury was not proved, is supported by the record (cf. Rosenstein v. Fox, 150 N. Y. 354, 364; Grannis v. Stevens, 216 N. Y. 583, 591; Carrington Bros. v. Gadsby, 237 App. Div. 195). In an action to foreclose a mortgage the allowance of costs is discretionary (cf. Empire Trust Co. v. Newport Eng. Co., 249 App. Div. 820; Civ. Prac. Act, § 1477). In the *543absence of an award…