Legal Opinion
Hammelburger v. Foursome Inn Corp.
New York Court of Appeals
Decided December 23, 1981PublishedCited by 105 opinions
1Opinion of the Court
*584OPINION OF THE COURT
Meyer, J.
A mortgagor, who has given an estoppel certificate stating that there are no defenses or offsets to the mortgage or to the bond which the mortgage secures, will be estopped from asserting the defense of criminal usury unless it be shown that (1) the mortgagor executed the estoppel certificate under duress or other basis for invalidation, or (2) the assignee took with knowledge of the criminally usurious nature of the transaction or of the fact that duress (or other invalidating circumstances) was exerted in obtaining execution of the estoppel certificate. The…
2Cases cited50 opinions
- Boys Markets, Inc. v. Retail Clerks Union, Local 770Supreme Court of the United States · 1970
- Codling v. PagliaNew York Court of Appeals · 1973
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
- National Safe Deposit, Sav. & Trust Co. of DC v. HibbsSupreme Court of the United States · 1913
45 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Deutsche Bank Trust Co. Americas v. VitellasAppellate Division of the Supreme Court of the State of New York · 2015
- Seidel v. 18 East 17th Street Owners, Inc.New York Court of Appeals · 1992
- Knight-Ridder Broadcasting, Inc. v. GreenbergNew York Court of Appeals · 1987
- Matter of Carla Leather, Inc.United States Bankruptcy Court, S.D. New York · 1984
- Szerdahelyi v. HarrisNew York Court of Appeals · 1986
100 more not listed; retrieve them via the Exa API.