Legal Opinion

Angelo v. Brenner

Appellate Division of the Supreme Court of the State of New York

Decided December 9, 1982PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Levine, J.

On February 21, 1980, defendant executed a six-month promissory note in the sum of $5,000 in exchange for a personal loan. The note stipulated that the principal was due and payable August 21, 1980, and further provided that it was “payable at 14% interest per annum ($350)”. Defendant defaulted when the note became due. Plaintiff then moved for summary judgment in lieu of complaint (CPLR 3213). Subsequently, defendant cross-moved for summary judgment on the ground that the note was void because the stipulated interest rate violated the State’s usury law (General…

2Cases cited5 opinions

  1. Payne v. . BurnhamNew York Court of Appeals · 1875
  2. In re the Estate of DaneAppellate Division of the Supreme Court of the State of New York · 1976
  3. U. T. Hungerford Brass & Copper Co. v. BrighamNew York Supreme Court · 1905
  4. Verity v. SternbergerAppellate Division of the Supreme Court of the State of New York · 1901
  5. Verity v. . SternbergerNew York Court of Appeals · 1902

3Cited by17 opinions

  1. Seidel v. 18 East 17th Street Owners, Inc.New York Court of Appeals · 1992
  2. O'Donovan v. GalinskiAppellate Division of the Supreme Court of the State of New York · 2009
  3. In Re Venture Mortgage Fund, L.P.United States Bankruptcy Court, S.D. New York · 2000
  4. Greenfield v. SkydellAppellate Division of the Supreme Court of the State of New York · 1992
  5. Hufnagel v. GeorgeDistrict Court, S.D. New York · 2001

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