Balk v. Frank

In an action to declare void and to cancel for usury a mortgage on plaintiffs’ property, defendants appeal from (1) a decision of the Supreme Court, Nassau County, dated April 26, 1967, denying defendants’ motion to dismiss the complaint and for summary judgment and granting plaintiffs’ request for summary judgment in their favor and (2) a judgment of said court made accordingly on May 5, 1967. Judgment reversed, on the law, without costs, and motions denied. No questions of fact were considered on this appeal. In our opinion, the following triable issues of fact are presented: (1) whether…